• 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appear before court , acting through lawyer only, will the case get closed with the dropping of charges if the case is withdrawn.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 1 year 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 
Ajay Sethi
Advocate, Mumbai
38897 Answers
2184 Consultations

5.0 on 5.0

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.
Ashish Davessar
Advocate, Jaipur
21856 Answers
595 Consultations

5.0 on 5.0

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 
Nadeem Qureshi
Advocate, New Delhi
4491 Answers
204 Consultations

4.9 on 5.0

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. 
T Kalaiselvan
Advocate, Vellore
28885 Answers
300 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer