NBW against Sec 138 NI act

Querist : Anonymous (Querist) 17 November 2009 This query is : Resolved
Hi,

I have a 138 case running against me in a court in faridabad Sessions Court. I have never been able to appear personally there. It is for a sum of Rs. 9,00,000/-. The court had issued a non bailable warrant against me. I live in pune. THis was in October. My lawyer appered in person in October there. Next date is on 4th December. I have been asked to furnish a bail with a surety of somebody with property worth 12,00,000/-. CAN I GET THE NBW CANCELLED AT THE BOMBAY HIGH COURT. WHAT IS THE PROCEDURE. CAN I ALSO GET THE CASE TRANFERRED TO EITHER BOMBAY OR PUNE. PLEASE SUGGEST.

CHEQUE ISSUED FROM PUNE DEPOSITED IN FARIDABAD. CASE FILED IN FARIDABAD.

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A V Vishal (Expert) 17 November 2009
CAN I GET THE NBW CANCELLED AT THE BOMBAY HIGH COURT.

Ans. No

CAN I ALSO GET THE CASE TRANFERRED TO EITHER BOMBAY OR PUNE.

Ans. Yes

Contact a local lawyer he can do the needful after going through the details of your case.

Kiran Kumar (Expert) 17 November 2009
Faridabad is under the jurisdiction of Punjab and Haryana High court at Chandigarh, so for bail purposes u ll ve to move P&H high court.

and for transfer of the matter approach Supreme Court.

adv. rajeev ( rajoo ) (Expert) 17 November 2009
while filing bail application u can also file an application u/s70(2) of Cr.P.C. to recall the NBW. The same court will recall the NBW. Dnt approach the high Court.
Complaint can be filed at Faridabad or at pune. According to the convinience of the complainant case will be filed.
if you filed transfer application mostly you will not get success.
After appearing in the case u can file an application for permanent exemption so you need not to appear every adjournment, but you will have to appear before the court at the time of framing a charge.

Raj Kumar Makkad (Expert) 17 November 2009
No chance at all to get the NBW cancelled from Bombay High Court or to get the case transferred at Pune or Mumbai at your own whims and wishes. The cause of action to the complainant has arisen at Faridabad so he has filed the complaint before the Ilaka Magistrate in whose jurisdiction the offence has been committed. Better face the case at Faridabad and get your bail there. It is a bailable offence and you shall get immediately bail therefrom.

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