Section ni 138 - warrant/settlement
Querist :
Anonymous
(Querist) 09 January 2012
This query is : Resolved
court has issued warrant in name of the accused of Ranchi .. when accused heard about warrant he said he wants to settle with us as complaintaent is of mumbai requessted us not to give warrant to Ranchi police he issued us 20K chq and will issue balance chqs before the next hearing. my query is
1. if we do not process the warrant and get the chqs.in hand does have any implications
2. if the these chqs return then.
3. what i have to produce in court on next hearing.
M.Sheik Mohammed Ali
(Expert) 09 January 2012
get the affidavit from the accused, for cheque and balance payment for assurance of the confident
Deepak Nair
(Expert) 09 January 2012
Since the warrant is already issued, the accused have to come before the court and cancel the warrant. If he cannot come personally, he has to appoint a lawyer to represent himself.
You can disclose to the court that the accused is ready to settle the case and request for some time for proceeding further with the matter.
If the new cheques return, then you can proceed with the matter immediately by processing the warrant.
If you are willing to settle the matter by accepting the new cheques, then you shall file an application for adjournment of a date after the time period within whcih the accused promised to settle the matter.
M/s. Y-not legal services
(Expert) 09 January 2012
yes., while warrant is pending against you, you should recall the warrant first.,
then can further steps for settle the issues..
-tom-
Guest
(Expert) 09 January 2012
Yes Agreed with Adv. Tom.
Shonee Kapoor
(Expert) 09 January 2012
Agreed with To.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 09 January 2012
Yes!Experts Deepak n Tom are right.
V R SHROFF
(Expert) 09 January 2012
HERE I DO NOT AGREE WITH ANY OF YOU, SORRY:
As warrant not served, not necessary for accused to appear before Court.
Deposit cheque of 20k, See it passes, if so, do not press for Warrant, and wait till you get your amount back.
Once get amount, withdraw the case. That’s ALL. Finished.
If cheque of 20k rebounced, re-issue Warrant, and proceed with the matter.
You have to produce NOTHING in court next hearing.
Don’t even go to Court next date.
[ I CAN JUSTIFY MY MOVES, IF ANY OF U CANNOT UNDERSTAND]
Adv Shroff
09-01-2012
Advocate. Arunagiri
(Expert) 09 January 2012
The warrant should be recalled.
Then file a memo of compromise, the case will be closed.
M/s. Y-not legal services
(Expert) 13 January 2012
dear shroff sir., is it mandatory to serve warrant to the accused?
whats the stage while serve the warrant? accused will not get arrest?
-tom-
DEFENSE ADVOCATE.-firmaction@g
(Expert) 09 January 2012
