Case under Sec.138 of NI Act

Querist : Anonymous (Querist) 05 November 2010 This query is : Resolved
In one case, before the Hon'ble Metropolitan Magistrate (HMM)the advocate for the accused appreared before the bench with a DD for for the final payment against the bounced cheque (in earlier two hearings part amounts were paid). The HMM questioned as per latest SC Norms whether the advocate of accused is depositing 10% valued of the bounced cheque. The adv.for the accused said he is not asking for closing the case as his clients are yet to pay interest for the cheque value as per the agreement, and once the complainant confirms his clients would pay interest also.HMM agreed. But the advocate of complainant said so far the accused have nevered appeared before the HMM. Immediately the HMM ordered all the accused in the case to be present beforethe court on the next hearingdate. MY APPREHENSION AND DOUBT IS IN CASE ANY OF THE ACCUSED FAILS TO PRESENT BEFORE THE HMM DURING NEXT HEARING WHETHER ANY CHANCE OF HMM TREATING NON-APPEARANCE OF ACCUSED AS CONTEMPT OF COURT AND POSSIBILITY OF ISSUING FRESH WARRANTS/SUMMONS. THE COMPLAINANT UNOFFICIALLY SAYS THEY WOULD NOT PRESS AND RAISE THE ISSUE OF NON-APPREANCE OF THE ACCUSED. MY FEELING IS THE HMM MAY TREAT NON APPEARANCE OFTHE ACCUSED AS CONTEMPT OF COURT. PLEASE GIVE YOUR OPINION

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R.R. KRISHNAA (Expert) 05 November 2010
Dear anonymous,

It will not be contempt. It shall only be treated as NON -APPEARANCE.

Best regards.,

s.subramanian (Expert) 05 November 2010
Yes.

Querist : Anonymous (Querist) 05 November 2010
tHANK U SIR

virender (Expert) 05 November 2010
the court can issue warrants of arrest but if u accused paid all the amount as setteled between the parties the complianant can withdraw his case.

madan kumar tiwary (Expert) 05 November 2010
u/s 138 of N.I act, after taking cognizance, court proceed further. I am surprised how, without appearance of accused persons , court will grant bail. your query is not in detail. what is stage of case? whether anticipatory bail has been granted by DJ or HC ?

PJANARDHANA REDDY (Expert) 05 November 2010
NI ACT 138 IS A BAILABLE OFFENCE, HOW DOES AN ANTICIPATORY BAIL COME IN TO?

THE TRAIL COURT SHALL GRANT REGULAR BAIL WITH SOME SURETY OR PERSONAL BOND.