• Section 406/420/467/468/471/34 of IPC

Dear Sir,

A person has filed a suit against me and two other colleagues of mine where we as a bank employee opened a bank account and i introduced the account at the time of opening and two other confirmed their address to be correct as they have visited the address.

I introduced the account on request of my employees. The account holder cheated a person who filed suit in the name of foreign job.

The person who has been cheated has filed a case u/s 406/420/467/468/471/34 of IPC , my two collegue has been granted bail from high court and my bail has been rejected .Three of us want to get out of this case by doing compromise with the person who has filed the case.
Pls guide what should i do.

Regards
Sandip
9031648766
Asked 3 years ago in Criminal Law from Dhanbad, Jharkhand
after compromise also they are to be turned as hostile witnesses during trial. then only u will be acquitted.
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
Try bail through some good lawyer and face the case if you have not done anything wrong,you will get justice,have faith in judicial system .
Anil Gupta
Advocate, New Delhi
180 Answers
41 Consultations
4.3 on 5.0
Hello,

Out of the above offences a few are compoundable such as 420 however other offences are non compoundable. That means the trial court can't close the case on the basis of compromise. Still this is what you must do:-

1. Enter into compromise with the complainant and then file an application before the Trial Court to get the compoundable offences compounded.

2. Then file a quashing petition under section 482 CrPC before the High Court stating that both the parties do not want to continue with the trial since the matter had been compromised. There are a number of supreme court rulings in your favor, where it is stated that if the parties do not want to continue with a criminal trial then the High Court can even quash the non compoundable offences under section 482 CrPC.

Regards,
Nishant
Nishant Bora
Advocate, Jodhpur
111 Answers
32 Consultations
5.0 on 5.0
1. You need to follow a step by step approach. The case can be compromised in the manner laid down in the law, but at present your emphasis should be on getting bail to thwart the imminent possibility of your arrest. A case cannot be compromised in a matter of a day. There is a legal process which you have to travel through. This process will eventually culminate at the doors of the High Court, which is going to take months. In the meanwhile if you do not have the protection of bail then the court will send you to jail.

2. Since you have been denied bail by the lower court you may file an appeal in the High Court. Once the HC grants bail then you may initiate the process of compromising the case by approaching the HC for quashing the criminal case as the complainant is ready to withdraw the same.
Ashish Davessar
Advocate, Jaipur
19555 Answers
507 Consultations
5.0 on 5.0
Dear Querist
the complainant should be hostile before court at the time of evidence then the court may pass an order for your acquital
Nadeem Qureshi
Advocate, New Delhi
3802 Answers
148 Consultations
4.9 on 5.0
The compromise is going to take place through court itself but it will have to be initiated by you in accordance with the law. 

As I said previously, before compromise take bail from the court. High Court is not the last court in the country, Supreme Court is. You still have the remedy to file an appeal in the SC.
Ashish Davessar
Advocate, Jaipur
19555 Answers
507 Consultations
5.0 on 5.0
Hi,
 in this case some of the sections are not compoundable, so either go ahead with a quash petition to quash the FIR in the high court or take the trial and make the witness turning hostile so that there can be an acquittal.
Thresiamma G. Mathew
Advocate, Mumbai
1357 Answers
96 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

Criminal Lawyers

T Kalaiselvan
Advocate, Vellore
17343 Answers
165 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
13552 Answers
291 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
19555 Answers
507 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
6864 Answers
78 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3802 Answers
148 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
3146 Answers
47 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
969 Answers
69 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
2022 Answers
23 Consultations
5.0 on 5.0
Kiran N. Murthy
Advocate, Bangalore
822 Answers
58 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1357 Answers
96 Consultations
5.0 on 5.0