I missed court notices on cheque bounce case due to address change. And was declared proclaimed offender 4 days back. The Complainant is ready to withdraw case. Do I need to go to court or mere withdrawal from complainant lawyer will be sufficient?
Section 257 of Code of Criminal Procedure ,1973 states that- “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Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.” In which case, it is mandatory for the Magistrate to acquit the accused/ debtor.
In this case, if the opposite party is willing to withdraw their complaint, then you should attend the court with them and submit that you haven’t received any notice due to a change of address and that you have paid the dues.
A Proclaimed Offender order passed by a trial court can be quashed by the High court or any other superior court. It is advisable to apply for a quashing order instead of an anticipatory bail in case of PO order. This is because anticipatory bails are rarely granted in cases like these.
After that the opposite party can withdraw their complaint and you should pay the amount in front of court. After the withdrawal statement of complainant, the case will dispose off and you wil be acquitted.
Reference: Section 257 of Code of Criminal Procedure ,1973