withdrawal of case

With drawel the case or allowing the cse to be dismissed indefault is at the option of the Complaiant , as the accused  whereabouts are not known and  not  traceable !

Punishment for 138 may extend to two years or with fine. In such case withdrawal not necessary, as the period of limitation to take cognizance by the Court is barred under section 468 clause (c) of the Criminal Procedure Code.

YES a petition to withdraw the proceedings under section 257 Cr.P.C. shall be filed . It will be more in assistance to the court in reducing the burden of the court as our courts have several lakh cases pending disposal.