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REFUND OF SURETY AMOUNT (FIXED DEPOSIT)


28-Aug-2023 (In Civil Law)
Sir, Even though the high court quashed the criminal case filed against me and orders passed and submitted to the trial court, my advocate is saying that i have to wait for 30 days / appeal period to get refund of the surety amount (Fixed Deposit) from the trial court. My high court advocate said that there is no such time limit to get refund of the surety amount after the criminal case quashed by the high court / supreme court, as the case may be. Which one of the above 2 statements is correct?
Answers (2)

Answer #1
829 votes
The trial court is the main court where your case was filed and dismissed, so you read the judgement of the lower court, they will mention in the copy the period you have to wait to withdraw your fd and other documents if they
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Answer #2
531 votes
If case is compromised Quash by High court then there is no need to wait for 30 days , the FDR application can be filed immediately, but you have to file quash copy before lower court and get case closed by lower court ( even after case quash by High court) , and in case of Quash other than compromised quash , u have to wait because opposite party can file appeal before supreme court.
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