(Guest)

E/r arrest warrant has been issued by the court under section 138

I had a school bus and in the covid period I could not pay the instalment so the company has sized bus and resold... After that the shortfall amount generated by the company and now company has filed case under 138. The settlement offer letter have received by the branch and I am paying the settlement amount in installments... After that the warrent still remains as it is... How to stop this legal process while I am paying the settlement amount to the company.... I want to stop legal process like court and warrents .... What should I do...???

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Quick Summary

An individual is seeking to halt legal proceedings, including an arrest warrant issued under Section 138 of the NI Act, despite making settlement payments. The bus was repossessed during COVID due to missed instalments, leading to a shortfall and the subsequent legal action. Although a settlement is being paid in instalments, the warrant remains active. Advice suggests surrendering to the court and applying to recall the warrant, while also requesting the complainant withdraw the case.

3 Replies

T. Kalaiselvan, Advocate (Advocate) 01 March 2024

If the trial of the case under section 138 NI act has not been concluded yet and the court has passed an order for bailable warrant against you for not appearing before court, then you may better surrender before court and file an applicaiton under section 70(2) cr.p.c. to recall the warant and proceed accordingly as per the settlement agreement and also ask the complainant company to withdraw the cheque bounce case.

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(Guest)

Case status shows... Business column as empty on the hearing date... While accused person didn't present for hearing... What should be knew as empty column..