how can i get out of sec 279 and 338
pranay
(Querist) 11 July 2009
This query is : Resolved
Sir/ Madam
i am a student and have just cleared my CA entance exams. long back before six or seven months i met with an
accidents while going for my classes a man dashed me from behind. i stoped to look after him. but it turned out to be my mistake to stop and help that person because he was a lawyer, he asked me to take him to hospital and pay for his damages or he will file a case against me
i did that but that the greedy man asked my mother for a ransome of thousand(1000) Rs. I live alone with my Mom. the man started blackmailing my mom and talked very roughly to her. being a senior CA she thought she would be able handle him So she denied to Pay him any thing. On this the went and lodged a complaint against me and has charged me with Sec 279 and sec 338. what should i do?? now i have moved from my place to pune for higher studies. so i want to finish he case as soon as it is possible. i am ready to pay any fines or money to that lawyer
One more thing just because of some such lawyers the whole profession is being defamed
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Please help me out in any way that you can
PALNITKAR V.V.
(Expert) 11 July 2009
In fact you need not pay any money if you are not guilty. It is not necessary for you to attend the court on every date. You may go for your studies and your advocate can take care of the matter. Take care to engage some good lawyer. Do not get disturbed. Keep cool and face the situation with courage.
Jayashree Hariharan
(Expert) 11 July 2009
True, you are not at liable to pay any amount. Moreover, the case is pending, and you have every right to complain to the magistrate that you are being harrassed by the lawyer.
Take the help of a good lawyer, and get out of the situation as quickly as possible.
Best wishes, God is with you always.
adv. rajeev ( rajoo )
(Expert) 11 July 2009
If you plead the guilty you will have to pay the penalty. U need not to worry, if u r unable to attend the court regularly if the case is contested, then you will have to inform your advocate regarding your absency.Dnt worry, be cool.
SHYAMSUNDAR
(Expert) 11 July 2009
If you plead guilty you may be even sentenced to imprisonment.
So kindly contest the matter as the rate of conviction in such cases is very rare.
Kiran Kumar
(Expert) 11 July 2009
Mr. Palnitkar is absolutely right, no need for u getting frustrated.
be confident if u r not guilty...dont mind few weeds are always there.
however option if open for u to compromise the matter with that person, but keep in mind later on u should repent that u submitted ur self to a wrong person.
fight it out with confidence.....can seek help from any counsel from this website...if u need to engage some counsel, u can choose one here only. u ll find someone from ur state/ city who can help u in trial.
Sarvesh Kumar Sharma Advocate
(Expert) 12 July 2009
sec.279,338 ipc is for negligency driving and hit some one
when you hit some one then you wiil face fir.
an acciden case there two type of cases can be file one is a criminal cses and second clime and compenssesion, the lawyr was doing full and final with some cost(which can be lible in claim cases)but you and your mom (so called c.a.)dont want to settel on that time ,and now when you are facing criminal case you are telling story?
i dont thing that the lawyer is greedy. if he was greedy why he not file claim against you? why you dont come on this platform when you hit him?now you face that case or confess before the court
i thing the advocate was not gredy but you are needy.
so you make a beautful story of the accident which you admitted.
you hit some one you punished according law.
rupareliya
(Expert) 08 August 2009
u should go for plea barganing and confess it otherwise u fall in danger
if u have proper insurance and driving lisecene confess the matter because no body want cross the lawyer in witness box if u hire good lawyar u have to pay much fees for that
