138 ni and bailor
Manoj Deka
(Querist) 24 September 2011
This query is : Resolved
Sir,
I filed a cheque bounce case u/s 138 NI act the accused gave a written submission to the magistrate stating that within a month he will make all my payment and the accused were freed on bail. till then now more then one year has passed the accused on every date submit a petition throw his counsel stating that his wife is sick and out of station lastly the magistrate issued notice to the bailor to present the accused but the bailor did not do so after that the magistrate issued N.B.W. to the bailor also now the counsel of the accused has filed a review petition to District Judge that issue of warrant to bailor is unjustified how can we handle this.
R.Ramachandran
(Expert) 24 September 2011
When he has gone to the High Court, the HC will also see the merits of the case and decide. You have to bring out the facts about the conduct of the accused as also the surety before the Trial Court and plead that the order of the trial court is correct and does not call for any interference.
Advocate M.Bhadra
(Expert) 24 September 2011
File an objection to the District Court against the review petition filed by the accused.
PARTHA P BORBORA
(Expert) 24 September 2011
I support the view of exp- Minansu Bhadra.
ajay sethi
(Expert) 24 September 2011
these are dilatory tactics adopted by accused to delay trail . attend court regularly , request court to dispose of case and oppose application for adjournments
prabhakar singh
(Expert) 24 September 2011
you need to take the District Judge move throw the order sheet of the lower court,some strong order would be passed,even if impugned order is modified.
Raj Kumar Makkad
(Expert) 24 September 2011
You have to do nothing there except to oppose the review petition as it is the necessity of court to secure the prsence of accused person and such tectics cannot help the accused in any way.
