section 138

SRINIVASA RAO ADDANKI (Querist) 05 April 2010 This query is : Resolved
SIR,

WHAT ARE THE FORMALITIES/PROCEDURE FOR WITH DRAW A CASE UNDER SECTION 138 UNDER NI ACT IN A COURT?

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Guest (Expert) 05 April 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251,
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

1.NOW OFFENCE UNDER N.I.ACT.SEC.138 IS COMPOUNDABLE MEANS CAN BE COMPROMISED LEGALY.
2.COMPLAINENT HAS TO SUBMIT AN APPLICATION/ PURCIS IN THE COURT FOR ALLOWING TO COMPOUND AND WIDRAW THE CASE
AS THE MATTER IS COMPROMISED BETWEEN THE PARTIES.
3.COURT WILL HEAR THE COMPLAINENT AND HIS ADVOCATE AND ALSO THE ACCUSED SHOULD BE PRESENT IN THE COURT .
THEN COURT MAY ALLOW TO COMPOUND AND WIDRAW THE SAID CASE UNDER SECTION 138 OF N.I.ACT.

IN CASE ANY FURTHER HELP IS REQUIRED KINDLY WRITE AND SEND DETAILS.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY,
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

Kiran Kumar (Expert) 05 April 2010
S.147 of the NI act makes the offence compoundable.

few courts may even allow the compounding of offence on recording of statement and without moving any specific application.

Guest (Expert) 05 April 2010
Its simple. File a Petition u/s.257 Cr.P.C. and inform the Court that the matter is settled out of court and hence you want to withdraw the complaint. Some courts insist the presence of the complainant and some others dont. You may check the procedure of your concerned Court and follow accordingly.

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