138 withdrawal

HONEY AHUJA (Querist) 09 April 2012 This query is : Resolved
Dear Experts,

Kindly give your views on the following problem.

I filed a case u/s 138 against Mr. A. Non Bailable warrants have been issued through SSP today but Mr. A wants to go for compromise. He has paid me money today. I am going for withdrawal of case by tomorrow or day after tomorrow. Does a bail neccessary for him in this case?

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DEFENSE ADVOCATE.-firmaction@g (Expert) 09 April 2012
Even complainant can apply for cancellation of MBW and at the same time withdrawal of the complaint.

Nadeem Qureshi (Expert) 09 April 2012
if you withdraw the complaint, bail is not mandatory.

venkatesh Rao (Expert) 09 April 2012
Until the warrant is recalled it will be in force and if executed, bail becomes necessary. If you withdraw the case well before execution, the complaint will be dismissed as withdrawn and ipso facto, the warrant will bw cancelled/recalled.

Kiran Kumar (Expert) 09 April 2012
agree with Mr. Rao.

V R SHROFF (Expert) 09 April 2012
Withdraw it any day, earliest is best, Warrant , don;t worry, if not served till next date, u r not going to reissue .

HONEY AHUJA (Querist) 10 April 2012
Thanks a lot experts. I am very grateful to all of you for sparing time and for opinion. Thanks once again.

SAINATH DEVALLA (Expert) 10 April 2012
Inform the court about your off the court settlement,and your intention to withdraw the case from further proceedings.

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