Suerity for warrant u/s 138
Christopher
(Querist) 09 April 2013
This query is : Resolved
Dear Sir, I have stood suerity for my friend when the police brought a warrant for him against cheque bounce. he was supposed to appear in mumbai on 8/4/13.
He is unwell and undergoing treatment in PGI and could not appear. He has sent a medical certificate to his lawyer in mumbai.
What will be the repercussions for me for standing sureity? The police had said that i will be arrested and sent to mumbai in case my friend does not appear.
I have not got a clear response from him on what happened today in the court.
Pls advice
adv. rajeev ( rajoo )
(Expert) 09 April 2013
You will not be sent to jail. You will have to pay the surety amount for an amount you stood as surety.
prabhakar singh
(Expert) 09 April 2013
Standing surety to any accused simply means an undertaking by the surety that accused shall attend trial dates till judgement,in case he fails ,the surety's bond amount shall stand forfeited by the court.
If his lawyer attended his case sought condonation of absence on ground of medical
case would stand adjourned.
Police lied when they said you would be arrested.
Only amount for which you are surety can in worst case be forfeited .
Such a procedural step comes in very extreme circumstances and not in every case.
V R SHROFF
(Expert) 09 April 2013
NO jail FOR YOU.
Adv will easily cancel warrant on grd of sickness, and producing him when he ius well.
No problem, do't worry
manoj joshi
(Expert) 09 April 2013
dear
i just wanna tell u that when court ve issued warrent against you thyan u ve to surrender in court or u ve to get bail from concern magestrate
ajay sethi
(Expert) 09 April 2013
your friend should make an application for stay of warrant and exemption from personal appearance . enclose copy of medical certifcate . court will stay warrant and direct him to remain present on next date . you wont be sentenced to jail
Christopher
(Querist) 10 April 2013
Thank you very much gentlemen. As a first timer on this site I'm bowled over by the response(s) from you esteemed people.
I had once come across a book titled "Know you Rights" for the common man. It was a published in Britain (UK) for the British public.
Since that day I have always had it in my mind that we need something like it in India.
Maybe you gentlemen will be of help to pool in your resources and come out with such a book and i would like to be involved.
If people know their rights, they will then approach the law to get it.
I am an accident victim and lost much in monetary terms. But years down the line, I have taken to reading the Motor Vehicles Act and am able to stand my ground when stopped by the police.
This gives me confidence that if there is an option to know my rights, then I would approach an advocate to get it for me. The Preamble - sincerely, doesn't get me anywhere.
Once again.... Thank you very much.
