138 na

Advocate M J (Querist) 28 March 2015 This query is : Resolved
Good evening Respected members
In 138 Negotiable instrument act whn the accused's lawyer is present and file an application for EP under 205 Crpc. will NBW be issued inspite the accused attend the court at summons stage ?
whether the accused has to tke bail in summons stage inspite he attends the court?
i request the learned members to suggest me
thank you

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Dr J C Vashista (Expert) 29 March 2015
Dear MJ,
1. Yes, counsel for the accused can file for permanent exemption, there is no illegality or infirmity.
2. Summons were honoured, the accused has put his/her appearance and admitted in bail, hence no warrants.
3. So many "inspite(s)" do confuse your query, be specific. I could not follow you when you say, (whether the accused has to take bail in summons stage inspite he attends the court?" Otherwise, what do you feel the stage of seeking bail by accused, if it is not at the summons stage?
4. What sort of suggestion/help do you need on this platform?
Regards.

ajay sethi (Expert) 29 March 2015
1) till application for exemption of personal appearance until further orders is granted accused should remain present .

2) if advocate for accused is present and application for exemption is pending court may not pass orders for NBW