Legal Question in Criminal Law in India

i am complainant (as p/a holder for xyz) have filed complaint u/s 138 against accused. Accused issued a cheque in my favour which is bounced, for taking away properties of xyz share. I am the holder of the cheque, but property belongs to xyz. I have also filed summary suit as pltf.no.1 and the person giving p/a - xyz, is pltf.no.2 against same accused now deft. Now this p/a giving person and accused/deft.are colliding with each other and wants to withdraw the complaint and suit. can they do it ? cheque is in my name. kindly guide. i am ready to withdraw if cheque amounts are paid to me, with interests. pls.suggest remedies.

Asked on 10/17/11, 7:36 am

3 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Your statement is not clear about the money. Though the cheque was issued in your name, the question is : Did the accused owe you any money or he owned money to XYZ whose attorney you held?

If you were only an attorney but money belonged to XYZ, the accused can certainly enter into a settlement with him and discharge him from his liabilities.

Answered on 10/17/11, 9:27 am

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