refund of amount

Querist :
Anonymous
(Querist) 27 March 2011
This query is : Resolved
accused was convicted under 138 NI Act and filed an appeal and while admitting appeal accused was directed to deposit 25% of the cheque amount in the lower court and accused deposited the said amount and later compromised the case in appeal stage. Now the accused wants to withdraw the deposited amount from lower court. Please give the procedure for withdrawal of such amount and period of limitation for filing such application before lower court (any other relevant procedures als).

Guest
(Expert) 27 March 2011
Plantiff has to file the compromise deed with the court of law with the request to allow withdrawal of the case. On acceptance of the request to withdraw the case, either of you may request the court to refund the deposited amount to you.