withdrawing the complainant.

sanjay kumar patibandla (Querist) 01 September 2008 This query is : Resolved
I filed two cases u/s 138 of N I Act cases againast one person. The matter is settled before giving sworn affidavit.

Now we want to withdraw the cases. Is the petition u/s 257 of Cr.P C is maintanable to with draw case before taking considaration. if no what is the procedure to withdraw the complaints.

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nitin (Expert) 01 September 2008
no section 257 is not required, u can simply n the date of hearing in the open court of law withdraw the cases, stating that the person has given money or an affidavit

Srinivas.B.S.S.T (Expert) 01 September 2008
Yes sir 257 Cr.P.C petitions if filed by the complainant or Petition seeking compounding of offence under Section 147 of NI act are sufficient for withdrawal of the complaint. But in both instances the presence of the complainant before the court is necessary.

SROTAS -Global Legal Services (Expert) 02 September 2008
Dear Sanjay,
We also suggest Mr.Srinivas.B.S.S.T's remedy. As per Cr.P.C, that is the procedure.
thanks

Adv.Shine Thomas (Expert) 03 September 2008
I agree with Mr.Srinivas B.S.S.T

Jithendra.H.J (Expert) 10 September 2008
in some courts the filing of the memo stating that 'the complaint may be dismissed as setteld out of court', in some courts they insist to file withdraw applicaiton.

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