WITHDRAWAL OF CASE UNDER SEC.138 OF N.I ACT

Kirtikumar A. Patel (Querist) 21 March 2011 This query is : Resolved
I filed a suit under SEC.138 of N.I ACT and served a summon but before date party cleared all dues.Now i want to withdraw the case,what to do?

Follow Query

Report Abuse

Devajyoti Barman (Expert) 21 March 2011
Yes, you can by fling a petition for dismissal on non prosecution.

R.Ramachandran (Expert) 22 March 2011
File an application stating that you have received the entire payment and there is no more issue and therefore you want to withdraw the complaint. Thereafter the Court will dismiss the complaint as withdrawn.

Sri Vijayan.A (Expert) 22 March 2011
Nothing more to add, the question is fully answered.

vijayan (Expert) 22 March 2011
file application under section 257 of Cr P C .

Please read Section 257. Withdrawal of complaint.
If a complainant, at any time before a final order is passed in any case under this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.

indrajit mukhopadhyay (Expert) 22 March 2011
answer has already been given by other experts.

Sarvesh Kumar Sharma Advocate (Expert) 23 March 2011
it is a compoundable case so u can compound it u/s-257 cr.p.c. (as expert vijayan has alredy said),at any stage .
however in prectice magistrete want to settle there queta for that they wants to complete there trail ,in this condition in one day the all proceding completes!

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now