Put compromise petition in high court...how to get escape from lower court proceeding?
Balwinder
(Querist) 27 August 2014
This query is : Resolved
dear sir/mam
in 2010 on my complaint police registered a fir u/s 406 452 323 324 etc on second party ...
in 2012 chalan was submited in local court...at d same time two of them were out of india and still they r in abroad
in jan 2014 i received summon from court for witness..but for some reasons i did not go..
latter april 2014 the guilty party come to my house and apologies...after that we compromise....
we put a petition in high court for compromise . now after 1st date high court give 2nd date in november..........
Now problem is that the district court judge summoned me for witness (we already put matter in his knowledge). when i went in court he pressurise me to give my witness .....at that time i escaped from giving witness....but now he give date on 2nd september
Dr J C Vashista
(Expert) 27 August 2014
Send your application for exemption of personal appearance on medical/domestic ground, take an adjournment for proceeding in High court for quashing of FIR
Balwinder
(Querist) 27 August 2014
sir last time i did not go in court..judge asked my layer that next time the witness (myself) should present in court for witness on (2 sep).....so when we hav already put petition for compromise then why should i go there .. the judge knows petition is in high court and next hearing is in november
P. Venu
(Expert) 27 August 2014
Your lawyer can inform the court of the pending petition in the High Court.
Balwinder
(Querist) 29 August 2014
Exacly I agreed with experts and this is my real query.......on 13 august my Lawyer told judge that petition is pending in high court and next date in high court is in november...but still judge ordered my lawyer to bring me in court on 2 september for witness ( before november which is high court date) .this is actual query
T. Kalaiselvan, Advocate
(Expert) 31 August 2014
You appear in the court, but d not depose your evidence, let your lawyer file a memo stating that the compromise matter is pending in high court under so and so number, the judge will record the same and adjourn the case.