Querist :
Anonymous
(Querist) 22 June 2010
This query is : Resolved
i had filed a case of 138 nia in shimla the person never received any summons but sent his lawyer to court but since nbw's were issued the judge did not put his appearance on record finaally he was declared p.o. and arrested and produced nin court and released on bail what should I do now?????????
Devajyoti Barman
(Expert) 22 June 2010
If the nbw is issued then the accused either will have to appear in person and pray for bail. If there is any illegality in such issuance then he could file revision before the sessions court or the high court challenging such issuance of nbw.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 23 June 2010
THE COURT WILL PROCEED AS PER LAW OF 138 NI ACT FURTHER. FOR MORE DETAILS U CAN CALL ME AT 9871158578.
Under Sec 138 Of NI Act, you have filed a criminal case and court can punish him if the offense is proved by you side. To avoid jail punishment, accused may settle your dues. Consult your Lawyer. For recovery of money you need to file civil suit also.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 28 June 2010
Collect all the papers and defend , there are so many loopholes and contradications in the case of the complainant if you vigilantly examine sufficient to win any case of NI.138.
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