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Author Topic: Settling a cheating and cyber case  (Read 636 times)

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Offline anshad

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Settling a cheating and cyber case
« on: March 30, 2016, 10:53:36 AM »
I had an issue with my client with payment and filed cheque case, same time the client filed a cheating case including section 420 and some other hacking related sections. This is happened in 2011 and we settled the cheque case outside the court with mediator(public prosecutor) as asked by judge. Recently the case filed by client opened in court, the client is ready to close the case and he communicated the same to both advocates.

What is the procedure to close this case? is there any complications? Is it required to apply for bail?

Offline advgaurav.sharma

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Re: Settling a cheating and cyber case
« Reply #1 on: June 15, 2016, 11:36:34 PM »
do you have to the order passed by mediator if yes present the certified copy to the court for closure of the case thats it.

when both parties are o more in dispute court is not going to look into the matter any more and dismiss the matter.

just make sure both parties present in court on due date of hearing and inform the court personally.
Advocate Gaurav is a specialist in Trademark laws

Offline rajgopal sripathi

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Re: Settling a cheating and cyber case
« Reply #2 on: July 04, 2016, 08:32:17 AM »
Hi
Only the High court has powers to quash the case u/s 482.

The court in which the cheating case has commenced does not have power to stop the proceedings.

So You and your friend should approach the High court seeking quashing of the case u/s 482 and demonstrate that the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor such as :

(i) ends of justice, or

(ii) to prevent abuse of the process of any Court.

please pursue the judgment of Supreme Court of India in Narinder Singh & Ors vs State Of Punjab & Anr on 27 March, 2014, where in the supreme court had OPINED(it is only an opinion) as follows:
On the other, those criminal cases having overwhelmingly and pre-dominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves.
Hope this helps.
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

 

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