mayursangwan 12 April 2017

How to withdraw 138 case

Hi Sir/Madam

i want to withdraw a 138 case please tell me the procedure

i have hired a lawyer he drafted the case i have given him the drafting fee now case is in the court, i got first date but i want to withdraw the case because of some reason but my lawyer asking me the 10000 ruppe for withdraw case please suggest me what to do not yet summon release by court to second party.

Thank you

Reply Follow

6 Replies

Sachin (N.A) 12 April 2017

Give affidavit in court that you want to withdraw the case.

mayursangwan 12 April 2017

thanks for reply do i need to hire a new layer for file a affidavit if yes then what will be the cost? can my lawyer take action against me for widhdraw a case without his permission

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 12 April 2017

file application under section 257 of Cr P C .

Please read Section 257. Withdrawal of complaint.
If a complainant, at any time before a final order is passed in any case under this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 15 April 2017

You cancel the vakalatnama given to your present lawyer and just write to the court that you are withdrawing the case. Withdrawal of a case can be unilateral or bilateral. If the withdrawal of the case does not do any harm to the accused the case can be unilaterally withdrawn.