Sec.138 of N.I. Act
Bishnu Prasad Pandey
(Querist) 04 December 2009
This query is : Resolved
I received summon and met with officials of finance company, I made payment at branch office and requested him to drop the case initiated against me. They received the payment and assured me to drop the case and as such I did not move to court. But later on, the court has issued Non Bailable Warrant against me.
Please suggest me what I should do now.
Raj Kumar Makkad
(Expert) 04 December 2009
Appear and surrender there and then move an application seeking bail stating the reasons not to attend the court. You have to face the court.
anuz doda
(Expert) 04 December 2009
Dear Bishnu , Now the remedy is available in the Court only , You should go to the Court with the complainant and tell him to withdraw his case (U/S 257 CrPC) or he present a compromise with you in the Court . You should do it before date or immidietly . in these conditions only the Court will withdraw its NBW .
N RAMESH.
(Expert) 05 December 2009
I agree with makkadji
adv. rajeev ( rajoo )
(Expert) 05 December 2009
After making the payment have you taken loan clearance certificate or any receipt for the payment?
When summons is issued you have to attend the court to take bail.
You can force the complainant to withdraw the case even before ur appearance.
You tell them to file an advancement application and memo of withdrawal of the complaint.
Sachin Bhatia
(Expert) 19 December 2009
File an application for bail stating the reasons not to attend the court and strongly defend the trial.
Bishnu Prasad Pandey
(Querist) 23 December 2009
Inspite of my several request to finance company, they are not showing interest in dropping the case and recall of NBW. When I am asking for reason, they are stating that you should clear your outstanding dues or foreclose the loan account. The company had received the payment against the case. While I sent letter to company's legal department through my advocate, the letter got returned by citing reason "Not Claimed", "Not verified", "Address not available". Due to nonavailability of Branch Manager I am unable to proceed properly. I am from Orissa and the case is initiated at Kolkata Metropolitan Magistrate. I am now financially very much weak and cannot move to Kolkata to meet the expenses. So the company is blackmailing me in this way. Can the court will provide me a lawyer or I can face the court individually. One more thing if I will surrender at court and court will ask for bailor, where would I get bailor as I dont know any person their at Kolkata or, the court will grant me bail without any bailor. Please suggest me soon.
