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maneet pruthi
(Querist) 08 September 2010
This query is : Resolved
my next hearing date of sec 138 on 10th of sep.but i already pay my dues as mentioned in the settlement letter. and the bank says that they mailed the lawyer to withdraw the case and by ninth I get my n.o.c letter. so I still needs to go the the court on that date or not....... how can i know that they withdraw the case ..as if mentioned in the settlement letter that after sttling my dues they withdraw the cases running in the court of law against me so this is enough reason for me to not to go to the date on 10.answer please
Ajay Bansal
(Expert) 08 September 2010
YOU WILL HAVE TO GO INTO COURT FOR TELLING WHOLE POSITION.
A V Vishal
(Expert) 08 September 2010
I presume courts are closed on 10th on account of Ramzan.
R.Ranganathan
(Expert) 08 September 2010
You have to be in court. The complainant has to file Sec 257 Petition to withdraw the case. See that the case is withdrawn in your presence and order is passed by the court. Otherwise you will end up in problem This is because 138 NI Act is only a punishment case. It does not approve of any settlement on its own. So the courts can take any stand it likes making you criminally liable for the offence of return of cheque.
Uma parameswaran
(Expert) 09 September 2010
If you attend personally then you will get the correct information and you can also convince the Court.
