If the withdrawal of the cheque bounce case is made under Section 257 of the Criminal Procedure Code, then generally speaking, it should be the end of the matter. Section 257 is reproduced as under:
“257. Withdrawal of complaint.— If a complainant, at any time before a final order is passed in any case under this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.”
This section makes it quite clear that if the Magistrate agrees to permit the complainant to withdraw the complaint under this section, then it is mandatory for him to acquit the accused against whom the complaint is withdrawn.
Therefore, if the complainant withdraws the case against you under Section 257 Cr.P.C., then it should lead to your acquittal in the case. It is pertinent to mention that Section 300 of the Cr.P.C. lays down that a person acquitted of an offence shall not be tried again for the same offence. So, it should act as a safeguard for you.
Secondly, even otherwise, in a cheque bounce, the complaint has to be filed within the limited period of one month only, after the conditions mentioned in Section 138 N.I. Act are satisfied (of course, there can be condonation of delay in genuine cases). A second complaint would be time barred, generally speaking.
In any case, if you agree to him, let him withdraw the case unconditionally and WITHOUT liberty to file it again. Let him also explain the correct reason to the court as to why the case is being withdrawn.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
.
