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Withdrawl of matter under 138 NI act

(Querist) 12 January 2009 This query is : Resolved 
I have filed a case against one person under 138 NI act for bouncing of cheque..
i also filed one affidavit along with the complaint case and notice was issued..
there after 3 attempts the warrants were issued but not served .. in the mean time some higher people came in between and the dispute resolved...
now i want to with draw the case .. kindly tell whether the presence of another person is neccasary ( in my case the accused is out of country and cant come..) , or there is no need for his presence ... tell me the way of finishing the complaint case
Chandan Garg (Querist) 13 January 2009
PALNITKAR V.V. (Expert) 14 January 2009
You can withdraw the case. The other party need not remain present for that. You can inform the court in writing that the matter is settled and that you do not want to proceed with the case.
Chandan Garg (Querist) 14 January 2009
my advocate is saying there is no law like you replied kindly tell some provision of citation for the same.
Chandan Garg (Querist) 14 January 2009
PALNITKAR V.V. (Expert) 14 January 2009
I will try to find it out. But I am doubtful if there is such citation.
Chandan Garg (Querist) 15 January 2009
PALNITKAR V.V. (Expert) 15 January 2009
please see Sec. 257 read with Sec. 353 [6][7]of the Cr.P.C which are very clear.
Chandan Garg (Querist) 16 January 2009
Sir thanks very much i have instructed my advocate to proceed under this Provision.
Jainodin shaikh (Expert) 16 January 2009
Left your matter UNATTAINTED. It will be dismissed in defaul. : Adv. JAiNODiN SHAIKH, Jalgaon
PALNITKAR V.V. (Expert) 16 January 2009
I dont think that its the proper way to keep the matter unattended. The proper way is to bring the provisions of law to the notice of the Magistrate so that he will not be a cause in keeping the matters idle and increase pendance at least temporarily till he dismisses the matter after wainting for the complainant for long. The babus will have to waste time in taking the case on board, writing roznama, calling the matter etc. The proper way is to convince the magistrate.
Bindu (Expert) 20 February 2009
Once you have recived dishonured cheque amount, make withdrawal application sign yourself and submit to the court, the court shall verify as to whether you have recived money or not after it is satisfied that your claim is cleared. then court shall pass an order and allow u to withdrawing the matter

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