kapoorsatish (n/a) 17 March 2015

Harassment by filling 138 case

In one case u/s 138 my son is defendant, At the stage of cross examination, AR did not appear thrice, MM in last hearing imposed cost of Rs1000/=, On next hearing on 17/01/2015 we came to know that complainant has withdrawn 138 cases on plea that it is civil liability, he has not paid Rs1000/= cost. He is filling civil recovery case.

Can we file criminal complaint against complainant for giving false evidence on affidavit regarding delivery of cheque, fabricating accounts etc

Since my advocate says old case is over, we have to pay fee again for new case and seek compensation

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2 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 17 March 2015

You could have easily filed an application for seeking compensation u/s 358 Crpc.However outcome of the said application depends on the nature of the case. The same was to be done at the stage of withdrawal itself.

Now your remedy lies in the form of a suit for malicious prosecution.

As far as fees are concerned, if you mean court fees then no you are not supposed to pay any. If it is lawyer fees you are talking about then that is a matter between you and your lawyer. No law can govern the same.

Augustine Chatterjee

9999931153

kapoorsatish (n/a) 18 March 2015

thanks for reply

We were not informed of withdrawal, On day fixed for cross examination of AR. we came to know case has been transferred to other Magistrate and when we went there case was not listed, after enquiry we came to know that case has been withdrawn by complainant. On inspection of file , we read statement of complainant that he said the case is of civil recovery so he wants to withdraw case under section 138 and file civil recovery suit. We were not heard on withdrawal of case.