Bail related under section 138 0f ni act
chintan
(Querist) 24 March 2014
This query is : Resolved
hi All,
I have got summon on Friday of court for 138 and hearing is after tow days .. as of now I have not got any copy of complaint etc .. hence I have not hired any Advocate till now and thinking to appear in court for first hearing without advocate so is it necessary to apply for bail on first hearing it self? during first hearing it self do I have to apply for bail compulsory or I will be given time to appoint lawyer and next date will be given. once I get copy of complaint looking at same I am thinking to appoint lawyer later ..plz advise on bail part and appointing lawyer after seeing complaint is good or no
Devajyoti Barman
(Expert) 24 March 2014
Yes, on the first date you have to apply for bail. Appearance without an advocate in a criminal proceeding is not at all a good idea.
Dr J C Vashista
(Expert) 24 March 2014
I agree with the expert advise of Mr. Devajyoti Barman.
However, you may appear in person and request the court to adjourn the case for further proceeding on first date for want of complete set of documents and production of surity, which can be allowed on personal bond.
chintan
(Querist) 24 March 2014
thanks sir ,,,so do I have to carry bail application with me ...also request if you can assist with some good criminal lawyer in Mumbai
particularly thane
chintan
(Querist) 24 March 2014
tea son why I am not appointing lawyer at this stage is as according to me notice served by complainant was bad notice as there were technical issues like - cheque was dated 29 Dec 12 however they have deposited on 1- 12-12 so any way that was supposed to be bounced as it was post dated cheque also notice date is 27 DEC where as cheque date was 29 DEC so how can notice be sent before cheque date ...basis above grounds can I defend my case is it strong case for me ?
Devajyoti Barman
(Expert) 24 March 2014
You need an advocate nevertheless and the bail too.
You can contact Mr Sethi or Mr Shroff from this site.
V R SHROFF
(Expert) 24 March 2014
Yes, on the first date you have to apply for PR BONF/ CASH bail OR rEGULAR bAIL . Appearance without an advocate in a criminal proceeding WILL HARM YOU.
ajay sethi
(Expert) 24 March 2014
apply for bail . engage a local lawyer
Rajendra K Goyal
(Expert) 24 March 2014
You have got solid points in your favor, but legal procedure has to be followed. As advised by the experts, better engage a local lawyer.
Dr J C Vashista
(Expert) 24 March 2014
If you feel you may contact either Mr. V R Shroff or Sh. Ajay Sethi (contact number and address available on this site) both of them are local and expert on the issue
T. Kalaiselvan, Advocate
(Expert) 25 March 2014
In Tamilnadu, the practice of accused to get enlarged on bail on private complaints before criminal courts either on first appearance of during the entire proceedings till the judgment is passed,is not heard of and not in vogue. The accused in Tamilnadu is permitted to appear in person on receipt of summons from court and he is allowed to engage an advocate at a later date also. However, in Mumbai and other places the practice is different, so it is better to engage an advocate so that you do not face problem in the court during the first appearance.
Biswanath Roy
(Expert) 26 March 2014
Sec.138 NI Act is not a criminal offense as per IPC. BUT TO MAKE IT A CRIMINAL OFFENSE NORMALLY SEC.420 ADDS WITH IT. CRIMINAL OFFENSE AS IT STANDS NOW AND GRANTING BAIL ARE TWO DIFFERENT AND DISTINCT ENTITIES. GRANTING BAIL TO AN ACCUSED DEPENDS ENTIRELY UPON THE MAGISTRATE. THEREFORE MY ADVICE TO YOU APPEAR BEFORE THE COURT WITH YOUR HIRED ADVOCATE WHO WILL BE NEEDED TO SUBMIT BOND PAPERS ETC.IN THE COURT. DO NOT TAKE ANY RISK.
Guest
(Expert) 26 March 2014
I endorse the views of Shri Biswanath Roy.
adv. rajeev ( rajoo )
(Expert) 30 September 2014
You will have to apply for the bail otherwise you will be taken to the custody.
Biswanath Roy
(Expert) 30 September 2014
@ Advocate Raju,
I am sorry to say the querist asked advice from the experts about six months ago. The matter of appearance in the Criminal Court related to and question of bail in connection thereto was already over whereas now you are advising in the matter when the query was already resolved. Is it not funny?
