nagotiable inst act 138

Querist : Anonymous (Querist) 03 April 2010 This query is : Resolved
one of my relative did not appear in court in case of nagotiable instrument act 138 since 2005 after getting bail now he has come to know that he is declared proclaimed offender (not confirmed) pl suggest way our he is ready for compromise and he is ready to appear in court pl tell me how he can get bail

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Arvind Singh Chauhan (Expert) 03 April 2010
To grant him bail is totally on the mercy of court. He should give the reasonable grounds of his absence. If court treat leniently his request to compromise and complainant do agree. court may grant bail and offence may be compounded.

Parveen Kr. Aggarwal (Expert) 03 April 2010
If your relative is ready to compromise the matter with the complainant, he must approach the complainant and finalise the terms of settlement. Thereupon, an application for restoration of file may be filed with the averments of parties having reached a settlement to compound the case and application for bail may be filed justifying the previous non-appearance.

O. Mahalakshmi (Expert) 09 April 2010
No problem to compromise. Just file a memo by the both the parties to compromise.

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