Section 138 ni act case
deepak panchal
(Querist) 07 May 2012
This query is : Resolved
Dear Sir//Madam,
I recieved notice u/s 138 NI which i could NOT REPLY inspite of readying the reply.I recieved court summons which was acknowledged by my relative in my absence.I could not appear in court despite best efforts,but my advocate was present without Vakalatnama.On the next date i and my advocate were present but complainant and their advocate was absent.Since the court was not sitting on that day i was given next date.On the said date everybody appeared.The judge ordered cash bond of Rs10000 alongwith personal bond application submitted by my advocate who was speechless and told constable to detain.I was released after completion of procedured by my advocate and then my "NOT GUILTY" plea.I AM SHOCKED AND DISTURBED as to why i was detained and what i should do? This case is very very important to me because the complainant has harassed me a lot in past and still has the audacity to file the false case. PLEASE advise
V R SHROFF
(Expert) 07 May 2012
Your statement"This case is very very important to me because the complainant has harassed me a lot in past and still has the audacity to file the false case" have no value in the eyes of Law.
Fact is, you recd legal notice and neglected to reply.
You recd Summons[thru ur relative, but u have knowledge of it, and u arranged for advocate] you remained absent.
That's why you were detained.
You have only one option:: Defend yourself.
You have to prove the case is false. Any more carelessness and you may be detained/ or jailed too.
SAINATH DEVALLA
(Expert) 07 May 2012
What do you mean by advocate present without Vakalatnama? Your lethargic attitude to the summons and your inability to attend,despite your besat efforts,have created your lack of respect to the court.
There are many defects both on the part of you and your advocate in preparing to defend,that's why the surity bond.Your last three lines have nothing to do,even for the experts.Hence engage a good lawyer,and defend to the best of his ability and knowledge of legal procedures.
ajay sethi
(Expert) 07 May 2012
you have to prove that case is false and no debt is de and payable . defend the case .
Shonee Kapoor
(Expert) 08 May 2012
I agree with experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
DEFENSE ADVOCATE.-firmaction@g
(Expert) 08 May 2012
You make mistakes and than blame all others than your self.
1) On next date there must be charge to some other Judge before whom you should have appeared and even a simple application of personal bond would have been allowed.
Naturally on next date you are punished.
2) Accused of NI 138 can win the case if properly contested from initial stages . The law is strict and procedure is short still complainant in over confidence make many mistakes
JANAK RAJ VATSA
(Expert) 09 May 2012
for ur own follies, u can't blame others. however busy u may have been, it was ur responsibility to respect the court proceedings. u should have replied the legal notice. have been present on the date of hearing with ur advocate. sending ur advocate and that too w/o vakalatnama sends a message of laikadiasical attitude of the respondent to the court.
