In a cheque bouncing case where nbw has been issued
In a cheque bouncing case where nbw has been issued, the parties have reached a settlement amount, but the accused doesn't want to appear before court , acting through lawyer only, will the case get closed with the dropping of charges if the case is withdrawn.
Asked 6 months ago in Civil Law from Haridwar, Uttarakhand
1) accused has to appear in court and apply for cancellation of NBW
2) court would cancel the NBW
3) if any settlement has been arrived st it in accused interest to appear in court and place settlement on record
It is a compoundable offence, so if the settlement has been reached then the complainant can withdraw the complaint by making a statement in the court to this effect. The accused may be exempted from personal appearance in the court if the complainant appears personally to make the statement.
Yes, the court have power to do that, file an application for cancellation of NBW through lawyer and also submitted settlement letter which was executed between the parties and an application for withdrawal of complaint.
Case will be finished as withdrawan.
Feel free to call
Advocate, New Delhi
If there is a compromise arrived between the parties, by filing a petition by the complainant the court may dismiss the case mentioning that the complaint not pressed the matter owing to out of court settlement. In that case the accused need no appear before court even though there is a NBW pending agaisnt him. Once the case is dismissed the NBW becomes infructuous.