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section 138 applicable or not

(Querist) 09 September 2009 This query is : Resolved 
i think you remember me, a new controvercy is created in my i had moved the civil suit against him he immidietly came to me for settelment for the 138 case and accordingly i gave him two cheques for three lakhs and he moved an application before the magistrate that he got all money from me and he mentioned the cheque numbers in his application to the magistrate and he is no more interested in continuining the 138 case further.hon magistrate told us that ho high court has given stay in this case so he cannot pass any order in this regard,so you withdraw from the high court i will pass the order,so i withdrew from the high court and the very next day he has moved an application with affidavit that i want to continue the case, on the other he presented the cheque for clearance.what should i do in this regard sir please advice. events: 31.07.2009: he moved application that he had received th two cheques for three lakhs,and he is no more interested in continuning the case of 138 against me. 04.08.2009: i withdrew from high court. 04.08.2009: he presented cheque for clearance and cheque is cleared from my bank account. 05.08.2009 he moved an application with affidavit that he had not received any cheque from me and i am interested in continuing in the case. Please guide what i can do in this regard. will the magistrate continue the case against me. or he will dismiss the case.riven
Raj Kumar Makkad (Expert) 15 September 2009
This is an interesting case. He has committed severe offence. Move an application seeking initiation of action under section 340 of Cr. P. C. before Judicial Magistrate, wherein he had moved his application undertaking the receipt of the cheques and seeking withdrawal of his complaint. Once undertaking before the court and other time when that agreement partly been executed by you by withdrawing ur matter from High Court, he has got no such authority to take U turn. You shall definitely get benefit of all this KALABAJI on his part.riven

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