Section 138 NI Act
Prem Krishanan
(Querist) 25 June 2009
This query is : Resolved
Summons is issued aganist me to appear before the Magistrate court for the offence under Section 138 NI Act, do i have to take bail????
PARTHA P BORBORA
(Expert) 25 June 2009
yes u have to appear before the trial court on the date fixed with a bailor and the court will allow the liberty of bail. but if u dont appear without steps on the date fixed court will issue non bailable warrent of arrest.
mahendra rai jain
(Expert) 25 June 2009
No need to apply for bail, now. If you fail to appear on the date of hearing bailable Warrant may be sought against you. It means if you will appear on fixed date the trial will begain early.. it is process of linger on
RAKHI BUDHIRAJA ADVOCATE
(Expert) 26 June 2009
You will have to appear before the concerned court on the date fixed, alongwith one surety having his ID proof, Residence proof & the relevant documents upon which he seeks your bail. For more query or help u can contact me at_ rakhibudhiraja@gmail.com
Mb. No.-09871158578
adv. rajeev ( rajoo )
(Expert) 26 June 2009
It is a bailable offence, you will have to take bail application. on the date of appearnce if u are unable to appear, consult an advocate and request him to file an application u/s 205 claming exemption for the day.
Jayashree Hariharan
(Expert) 26 June 2009
s, on the date of hearing, appear with a lawyer, ready with bail application.
Uma parameswaran
(Expert) 26 June 2009
Bail procedure in 138 matter is different in each states.
PARTHA P BORBORA
(Expert) 27 June 2009
i agree with Uma, bail procedure in 138 NI Act may be different in different Staes. so pl consult wth alocal lawyer.
PALNITKAR V.V.
(Expert) 29 June 2009
Is is that the bail procedure is different in each state? Can any one give examples? Thats something interesting since the bail should be governed by Sec. 436 Cr.P.C. unless there is State amendment
Prem Krishanan
(Querist) 29 June 2009
yeh I agree with Palnitkar, What i have gathered from my friends is the that their will be some changes as for the number of Surities required, for example in Kerala two Surities are mandatory, where as in Karnataka, One surity is enough, further I have been told that One can even apply/give self bond in lieu of solvent Surities.
rupareliya
(Expert) 23 July 2009
no need to produced baill there is no provision in law for that only if u dont attened the court and court issued anny warrant at that time u r in coustody of court so u have to produced bail but untill that bail is not requried by the court because u r not in the custody of court
