Section 406/420/467/468/471/34 of IPC
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.
Asked 4 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.
Advocate, Greater Noida
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 .
Advocate, New Delhi
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.
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.
is there any possibility where compromise can take place through court.
Since my bail has been rejected by high court how do I go for bail from high court.
Asked 4 years ago
the complainant should be hostile before court at the time of evidence then the court may pass an order for your acquital
Advocate, New Delhi
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.
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.