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aws learning   04 April 2021

Ipc 338 accident case suggestion

I am charged with IPC 338 after a pedestrian is hit by my car from back. I took the injured to hospital and provided emergency treatment. The injured lodged an complaint and FIR is registered against me under 338 IPC. Now the charge sheet is filed and case is registered in district court. Currently case is in appearance of accused stage. I am on regular bail now. police suggested me to plead guilty and pay 1500 rupees fine and move on with your life. 

I am confused now. Please answer below questions
1. Should I pay fine by pleading guilty
2. Should I contest the case and go to trials ( injured is not ready to settle the case outside court)
3. Will I get police clearance for passport renewal if I pay fine.
4. Will I have any problems in obtaining US VISA (H1 B).
5. Will this pending court case causes any trouble in police verification and background verification
6. Do I have power to move the case to LokAdalath without complainant



Learning

 3 Replies

Advocate Bhartesh goyal (advocate)     04 April 2021

( 1 ) yes

( 2 ) No, As per query there is  no chance to you to get success in case.

( 3 ) No

( 3 ) No

( 4 )No

( 5 ) No

( 6 ) No

 

aws learning   04 April 2021

thanks for your reply... If I contest the case and gets convicted, there will be fine or anything more than that?

Dr J C Vashista (Advocate)     05 April 2021

You have the only alternative to contest the case.

In your case FIR and charge sheet would be under section 279 / 338 IPC, recheck. 

It would be appropriate to consult a local prudent lawyer for appreciation of facts /document, professional advise and necessary proceeding.


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