Query on final remainder legal demand notice sent to the accused
A legal case is filed with sections of 383,389,403,406,418,420,424,440,444,465,499,503,508,115 against an accused, also mentioning that the accused has to make the cheque payments for the dues pending to the complainant. After few days later, another "final remainder legal demand notice for overdues payable" is sent to the accused, does that mean that the complainant has withdrawn all other allegations under the above mentioned sections? Please clarify. Thankyou.
Asked 2 years ago in Criminal Law from Hyderabad, Telangana
1) No, the demand notice does not in any way mean that the case filed has been withdrawn. Besides this without involving the accused and the permission of the court the complaint can not be withdrawn.
2) Secondly with the sections included in the case filed the case can not just be withdrawn. As the case is already in the court you don't need to be bothered about the notice being sent to you if it has the same subject matter.
3) Engage a lawyer locally to assist you. Once he peruses the notice he will be able to advice better.
1. The second one was the final reminder for paying the outstanding dues. Final reminder is not a standalone demand. It is continuation of the earlier reminders signifying that no further reminder will be issued,
2.It does not withdraw the allegations based on which the case has been filed.
Most of the sections are Incorporated in your case both bailable non bailable ,cognizable and non cognizable. What the case it is ? legal notice demanding overdue payable ? With out providing clear information it ios difficult answer your query .
Your question is confusing.
Whether the accused received only a legal notice with reference to all those sections you have mentioned in your question or if there was a case filed in the court under the provisions of the sections mentioned.
If it was a case, whether it was a police case or a private complaint?
Whether subsequently the complainant issued a legal notice on the same cause of action?
If yes, to the above questions, then the original case may not be maintainable.
You may clarify the details to get more proper opinion to your question.
The complaint already on the file of the court does not become infructuous due to the subsequent demand notice. The cause of action under the subsequent demand notice can result in a separate complaint.
what is the need to send another legal notice when complainant filed the complaint against the accused?
Advocate, New Delhi
1) besides fling criminal complaint the complainant would be filing summary suit under order XXXVII of CPC for recovery of amount due and payable
2) civil suit is for recovery and criminal complaint for punishment
3) it does not mean complainant has withdrawn allegations made in criminal complaint
It is better accused reached an amicable settlement with the complainant