Cheque bounce case
mayank
(Querist) 17 November 2014
This query is : Resolved
My father is having a cheque bounce case against his name in court where he has not responded and attended court for last six month. An arrest warrant has been issued on my father’s name by court now.
We are looking to negotiate with the second party who has registered case. They agreed to take the case back after paying the agreed amount.
If we settle case offline with them and get their agreement to take the case back on legal papers and submit it to court; then will it not required to get the bail of my father from court?
Please suggest what all we need to do for this case.
ROHIT SHARMA
(Expert) 17 November 2014
1. Let him appear and the warrant would be cancelled. There is no need of bail. If the agreement is made then such agreement will be honored by the court and the case will be closed.
Anirudh
(Expert) 17 November 2014
Your father has to necessarily appear before the Court. He has to furnish surety / bond for getting bail from the court.
In the meanwhile, if your father enters into any settlement with the complainant, and is ready to make the payment, then your father should keep the Demand Draft in favour of the complainant ready - and show it to the court or hand over in front of the court.
The complainant can state that in view of the settlement that he is withdrawing the complaint. On that basis, the complaint case will be closed.
But, appearance of your father before the Court is very much necessary.
V R SHROFF
(Expert) 17 November 2014
Appear and cancell Warrant.
Inform Court, you are ready to settle, so case will be withdrawn on payment by opp party.
chapter closed..
ajay sethi
(Expert) 17 November 2014
agree with experts
mayank
(Querist) 17 November 2014
Thanks all, but our next date in court is on 15 Dec 2014, can we settle this case before the scheduled date and appear in front of court?
Devajyoti Barman
(Expert) 17 November 2014
The case can be settled at any point of time if parties so agree.
T. Kalaiselvan, Advocate
(Expert) 18 November 2014
On the basis of an advance hearing application and a petition u/s 70(2) of cr.p.c., the accused can seek for recall of warrant against him, at the same time if as agreed with the complainant, is in possession of a DD for the agree amount, the complainant may file a petition before the court intimating his intention to withdraw the case as not pressed since the matter has been settled out of court.
