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Vishal Sharma (MD)     26 August 2012

Cheque bounce case

Hello Sir/Madam,

I am from Delhi. I issued 1 cheque of 16 lacs and the complainant filed case against me and the first date was 22nd Aug 2012 but I was not able to attend the 1st date so I send my lawyer on hearing to be in court on the day. But judge issued NBW on my name and next date of hearing is 3rd Sept . He already filed application yesterday to cancel NBW and got date of monday 2 pm which is tommorow.

Now my questions are that is it easy to cancel the NBW, how much will be the fine and how much will be the bail amount judge can ask for? I have arranged Fixed Deposit of 25000, so is it enough and if not then how much amount can he order for the bail? There is one more case of 138 in the same court and in meditation cell (In that case he ordered for 25000 bail amount). 

Kindly reply and guide me becuase I want to be sure before I go tommorow.

Thank You

Vikram



Learning

 7 Replies

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     26 August 2012

For cancellation of bail there will be nomical fine.

For regular bail the court may ask cash amount otherwise provide a security from a person who has flat, vehicle or shop.

You can ask for next date to provide security for bail.

 

Vishal Sharma (MD)     26 August 2012

 

  That what I want to know that how much bail judge can ask for? means how much amount? I have already made one FD on the name of suerty of Rs. 25000 so is it going to be enough or judge can order for more amount and if yes then what is the maximum amount he can order for??  

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     26 August 2012

If you can arrange for any person to stand sutity , may be any relative than no money is needed to be paid for bail.

Vishal Sharma (MD)     26 August 2012

If any relative need to present then he must have car, bike or some property on his or her name then only that person can stand as surety otherwise FD only works, just want to know how much amount can judge order for as bail amount for cheque bounce of 16 lac cheque, so kindly reply that question.

ADV S PATHAK (lawyer)     26 August 2012

first try to show that u were not able to reach court due to unavoidable instance like medical urgency or something and file a written humble request to RECALL his orders. many times judges recall their orders

wish u luck

surjit singh (Assistant)     26 August 2012

Go with the advice of Mr Pathak, since this is your first date after issuing of the NBW there is every likelyhood of the same being recalled. Take two person having moveable property or both being a governent servant, for taking bail in case off need.

Apurva Kumar (Practicing Lawyer)     26 August 2012

you can take the plea that u were not aware of present case being filed against u and futher did he send u any legal notice?? at best the judge can ask 4 two suretiesof ten thousand each and other bailer formalites if bail granted..


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