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How to withdraw 138 case ?


17-Jul-2024 (In Criminal Law)
Hi Sir/Madam i want to withdraw 138 case please tell me the procedure i have hired a lawyer he drafted the case i have given him the drafting fee now case is in the court, i got first date but i want to withdraw the case because of some reason but my lawyer asking me the 10000 ruppe for withdraw case please suggest me what to do not yet summon release by court to second party. Thank you
Answers (4)

Answer #1
989 votes
You must try to withdraw your case. You go in the court and reqst to the judge for withdraw that case. You give the vaild reason to the court for withdrawal your case. Because without any valid reason you never withdraw your case.
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Advocate Vaibhav

Adv. Vaibhav

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Answer #2
986 votes
Sir/Madam Even though there is some amount of costs involved in drafting of the case and putting up different formalities but still this can be done by my moving an application for withdrawal with the help of another lawyer.
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Advocate Anand Shukla

Adv. Anand Shukla

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Answer #3
524 votes
Sir, first of all i wish to tell you that i always provide the practical advise in regard. so regarding your query i would like to tell you that I cant tell anything about fee and amount for which you have engaged the lawyer. But if you wish to withdraw the case its totally over your discretion. As you are the complainant and this is also a complaint case, and without complainant it will not pursue further and it would be surely dismissed even if you dont attend the casse with reason "dismissed in default" and such dismissed 138 matters can only be restored by approaching high court only and filing review petition, which is not that much easy sir. second option, as you have told that summon have not been served/called upon so just say to judge on next that you wish to withdraw the case with an application and don't want to pursue further... you will surely be allowed to withdraw your case.## there are other many possible solutions but above two would be simple and easy.
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Advocate Salil Tripathi

Adv. Salil Tripathi

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Answer #4
678 votes
You need to file an application stating that you have received the entire payment and there is no more issue and therefore you want to withdraw the complaint. Thereafter the Court will dismiss the complaint as withdrawn. The lawyer's fee may be a little on the higher side, threaten to take another lawyer and your work will be done in little lesser. Or else, you may execute your threat. The reasonable price for this should be 5000 rupees and expenses.
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Advocate Prateek Kumar

Adv. Prateek Kumar

LawRatoDelhi | 25+ Answers
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