Joshi (Partner) 07 October 2011

138 nia

Hi Experts, (I have a question regarding one of my client) as below.

The case was like this... A cheque has been thefts from Mr. A and a case has been filled by Mr. A, in JMFC, later police register the FIR according to the court order. But Mr. A, has received a Court Summon from a different JMFC court (two month later of Mr. A’s FIR date) to be present personally but Mr. A’s, advocate has manage to allowed him 205 of the Code of Criminal Procedure, relating to the dispensation of personal appearance of an accused before a Criminal Court.

The Mr. A has filled a case in the Hon’ble High Court U/s 482 and got the stay for lower court proceeding, till next order.

The incident was happened in Dec-08, and the Stay order from Hon’ble High Court as on Feb-11, but still there is no proceeding.

Yes, One more case also been registered against the Police (that also pending)

Mr. A wants to close the issue, he is feed up now,

Can you suggest me, is there any way that Mr. A, can get himself free from the above issue,

Thanks in Advance

Regards

CA. Joshi

Reply Follow

3 Replies

Arun Kumar Bhagat (Advocate (criminal)) 07 October 2011

If Mr. A is so much fed up then he should compromise the matter with the Complainant in which 205 exemption is granted.

ajay sethi (lawyer) 07 October 2011

since you are a lawyer you know wheels of justice move slowly .

you have filed FIR that cheques have been stolen . subsequently case was filed for cheque dishonour and stay granted . since you have obtained stay for 3 years the complainant must also be fed up and willing to settle .

make an offer for settlement

Pranav S. Thakkar (advocate) 07 October 2011

I balieve that the Use of Sec. 482, is to remove the false complaint....and to prevent misuse of law and its procedure....! So, stay order is very different, so I m not clear about ur use of Sec. 482, to the High Court. Because High Court can take long time..!