How to Dispose of Challan in Court?

Law
24-Jun-2024
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All drivers must abide by the Road Regulations, 1989, which highlights the need to follow laws and traffic guidelines for the sake of society. The Act guarantees a smooth, accident-free transportation system across the nation. Every day, a great deal of accidents and regrettable events happen as a result of those who disregard traffic laws.

The purpose of the traffic challan is to prevent these kinds of incidents and guarantee the security of all drivers. To resolve legal disputes, everyone should be aware of how to handle challans in court.

What is meant by challan sent to court for disposal?

A challan is a notice that a driver receives from law enforcement indicating that they have broken traffic regulations. A civil penalty is typically the only way to dispose of a traffic infraction. Except in situations when the infraction involves an accident resulting in significant personal harm or the death of another person, a court presence is not necessary.

Disposed denotes the conclusion of the case. It's a general word for when your traffic citation case is closed. A close to disposition would occur if you paid for the ticket in full. Similarly, you would anticipate the term to be disposed of along with your case status if you decided to appear in court, dispute the ticket, and then pay the necessary fines.

Your ticket or challan for a traffic infraction has been escalated to the appropriate legal authorities for resolution when it is sent to court for disposal. Here's what you should be aware of:

Challan Sent To Court

When a traffic challan is sent to court, it means that the case has progressed from the point at which it was first received. This usually occurs when the person who received the challan chooses to challenge it in court instead of paying the fine or does not pay within the allotted period.

Reason For Contesting

A person may decide to dispute a ticket for several reasons, including opposing the offense, asking for the fine to be lowered, or protecting oneself from the accusations.

Legal Process

A challan that is filed with the court enters the legal system, and the court will set up a hearing or other activity to deal with the issue. The court may send you a notification with information on the hearing's date and place.

Disposition In Court

Both the person challenging the ticket and the prosecution, who is often represented by the traffic police, will offer arguments and supporting documentation throughout the court hearings. The merits of the case will determine the court's decision.

Outcome

The court case may have a variety of endings. If the court rules in favor of the person opposing the claim, it may dismiss the claim or sustain the violation and apply legal penalties. In certain instances, a traditional physical court may handle the challan if processing it through a virtual court fails due to factors like an invalid mobile phone number.

Challan Disposal

You must appear in court, argue your case, and follow the judge's instructions to have the challan dismissed.

Necessary step to be taken for disposal of challan in court

You must present in court on the day and location specified on the challan for the matter to be resolved. The court may still take action against you even if you file a plea of guilty or innocent. Depending on the specifics of your case, the court could punish you if you submit a confession of guilt. If you decide not to submit a guilty plea, the court may order you to provide an explanation or other necessary paperwork. The court will decide on the case after hearing from you and the challan officer.

However,  before going to court, one has to apply for vehicle challan disposal. Upon listing of your application for a hearing, you will be required to appear before the court and pay the fine. So, it is essential to know how to apply. Let’s take a look at how to do that:

A formal request for the disposal of a pending traffic challan  issued against a vehicle is made to the appropriate traffic or law enforcement authorities through an "Application for Disposal of Vehicle Challan." Usually submitted by the owner of the vehicle or an authorized agent, this application aims to resolve any outstanding charges associated with the vehicle. It might be for many reasons, such as presenting proof to dispute the infraction, or asking for the matter to be resolved by paying fines or penalties.

The application typically contains information on the vehicle, the challan number, the reasons for the citation dispute (if any), supporting documentation, and any other information the authorities may need. The authorities examine the application's specifics, confirm the information, and evaluate the request's merits after receiving it. To decide on the best course of action, they could carry out more research if needed or assess the applicant's submitted material.

Settlement Through Lok  Adalats

A few states further provide the opportunity to resolve traffic violations through Lok Adalats, which are alternative forums for resolving disputes. Through the use of this process, matters can be settled peacefully, which may lessen the fines or penalties assessed.

Here is a step-by-step tutorial that will walk you through using Lok Adalats to dispose of traffic tickets:

Receive the Challan

You must accept a traffic challan that you receive. More legal repercussions may result from ignoring the challenge. Rather, accept receipt of the challan and save it securely for future use.

Understand the Violation

Spend some time comprehending the infraction that is stated in the challan. This will assist you in gathering appropriate proof for your case preparation.

Seek Legal Advice

Legal advice is not required, although it might be helpful if you're not sure where to start. Lawyers can advise and represent clients throughout the Lok Adalat procedures.

Contact Lok Adalat Office

Make a connection with the closest Lok Adalat office to find out how traffic tickets are settled. They will offer you the information you need and guide you through the following procedures.

Prepare for Proceedings

Obtain the challan itself, your driver's license, and any other required paperwork about the traffic infraction. During the Lok Adalat procedures, be ready to make your case and engage in settlement negotiations.

Attend the Session

Bring your documents to the Lok Adalat session on the appointed day. Friendly and casual behavior will be maintained throughout the proceedings to promote communication between the parties.

Negotiate the Settlement

In the Lok Adalat session, you will be able to work out a settlement with the traffic police or other appropriate authorities. This can include agreeing to attend a traffic awareness program in place of paying the fine, or it might be paying a suspended fee.

Finalization

The Lok Adalat officials shall document any mutually agreeable resolution that is achieved. The traffic challan issue is settled after the settlement is finalized and binding on both sides.

Spot Payment

When committing a violation, drivers have the option to pay their fine right away. Police officers can make speedy payments using cash, cards, or mobile wallets thanks to the digital payment devices they carry with them.

Some of the fines for common violations are:

  • Driving without a License : Rs: 5000
  • Driving without RC Book : Rs: 2000
  • Signal Jumping Rs:1000 to 5000
  • Driving after Being Disqualified : Rs: 10,000
  • Dangerous Driving: Rs: 1000 to 10,000

Online Payment

Upon receiving a challan, individuals may pay online by visiting the official Traffic Police website or mobile application. The platforms offer an easy-to-use interface for entering challan data and securely completing payments using a variety of payment options.

Some examples of these types of mobile apps are:

  • mParivahan
  • E-challan
  • PublicEye
  • MumTrafficapp
  • MahaTrafficapp

What are the Legal Consequences of not paying challan? 

A significant surge in vehicle challans occurred after the Motor Vehicle Act of 2019 was enacted.

A commuter frequently has a lot of questions after receiving a challan! Knowing when to pay off a challan is important to some people, while understanding what to do with a challan that is still ongoing in court is important to others. We, therefore, possess the answers to all of your inquiries. We will explain what a challan pending in court entails and if the relevant traffic authority or the police can pursue you for the fine.

If you have an outstanding challan in court and have not paid it within the allotted period, there are a few possible outcomes.

Arrival of Police at your Doorstep

A constable will first come to the registered address to retrieve a challan if it is not paid. This is a polite reminder that you still owe money and need to pay it.

Visit to Court

You will need to appear in person to make the payment if you have an outstanding court summons. A challan that you get immediately is transferred to court for resolution even if you fail to pay it off on time. A court order regarding your challan being pending in court is often summoned if the challan time limit is exceeded. You must appear before a judge and provide justification for your breach of the law and failure to pay the fine.

License Suspension

More serious repercussions may result from your refusal to appear in court or pay the e-challan. The suspension of your driver's license is one of the most significant. This implies that until the problem is fixed, you will be legally unable to drive.

Remember that these actions are meant to maintain order and safety on the roads, not alone as penalties. Maintaining a spotless driving record and avoiding potential legal entanglements can be achieved by paying your traffic fines on time.

Conclusion

Various legislation has been implemented to reduce the percentage of accidents and infractions of traffic regulations. The government will be able to lower the violator percentage because of these legal actions. If someone is facing the challenge of challan disposal for the first time and is unsure of how to handle it in court, seeking legal advice may be helpful.