summon in a sec 138 ni act ,420 case
sharma
(Querist) 27 November 2016
This query is : Resolved
Respected sir, this is in continuation of my earlier query. I received a summon to appear in this 138 ni act case. My lawyer says I should appear and apply for bail. Can the bail be granted the same day. What if it is denied ? What should be my preparation for the day ? I am scared and want to avoid going on this date. Will it harm my case ? Please guide me.
Rajendra K Goyal
(Expert) 27 November 2016
You should have continued in the same previous thread.
Bail can be granted same day.
Discuss and have belief in your lawyer.
Advocate Bhartesh goyal
(Expert) 27 November 2016
Don't worry Sec 138 of N.I.Act is bailable offense,you will get bail.
Guest
(Expert) 27 November 2016
No need to get scared. Get bail and contest the case.
sharma
(Querist) 27 November 2016
Thanks a lot sir. Your invaluable advice has come as such a sigh of relief.
R.K Nanda
(Expert) 28 November 2016
you can get bail.
sharma
(Querist) 28 November 2016
Sir, I discussed my case in detail with my learned lawyer today and he advised that rather than applying for bail here, we should approach honourable High Court for obtaining a proceeding stay which will give us a relief for a longer time period. How practical is this sir ?
Guest
(Expert) 29 November 2016
To make the experts understand well the gravity of the case, description of the case is still wanting from your side.
So, where is the scope for the experts to advise you as against or in favour of the opinion of your own lawyer?
You have created controversy yourself, as according to your initial statement, your lawyer was in favour of your bail and now you stated that he is in favour of filing a case in the HC for obtaining a proceeding stay.
Rajendra K Goyal
(Expert) 29 November 2016
Should have second opinion from another lawyer in connection to the advice from your lawyer.
sharma
(Querist) 30 November 2016
Respected sir, thanks for answering. Sir, I wanted to continue my query in my previous thread but got no response. I thought, maybe it was out of some technical issue. So, filed this query afresh.
Sir, both the options were told to me by my lawyer and decision was left to me. Since I don't understand the legalities and as to what relief I can get from High Court, I seek your advice. Today, a BW has been issued. Now, shall I apply for bail or should I approach High Court. I am told Next date is fixed for first week of January.
Rajendra K Goyal
(Expert) 01 December 2016
Bail is very easy in bailable warrants. Discuss with your lawyer.
sharma
(Querist) 01 December 2016
Thanks Goyal Sir.
sharma
(Querist) 06 March 2017
Respected all, I got bail but with a condition that Court will accept two local residents only. I don't belong to that place and can't arrange two local surities. What to do, kindly guide.
