138 cases

Engage a local advocate appear in the court with application giving proper reasons of delay for cancellation of NBW which court will recall /cancel NBW after some fine .

If the NBW is issued at the summoning stage, then your chances of getting it cancelled are quite high. But if you have absented yourself after Bail etc..please do full homework, engage a good senior lawyer, prepare the application for bail to session court in advance, and present yourself most humbly, giving some valid reasons.

 

If you feel that amount involved is quite small, leave aside your ego, forget the truth, settle with complainant if possible, because by now even complainant may be thinking that "Aaya Oont Pahar Ke Nichhe".

R Trivedi

Ifeel u r right.

 

The stay is a protection so the NBW is a pulling up by coller. nothing ore,,

 

Ater all money matters every where.pls forget not.

A Cheque was issued for security deposit in continuation of Business, so also Bank Gurantee for other business transeactions when start of new business .

Goods were supplied by Corporate company.

Rejections was not taken  back fully.

Business was under dispute is going on. & lingered.

the Cheque was presented with a malafied intention by Company and accounts were un settled.

case was filed u/s 138 , notices-summons were issued,  nbw was issued.

       Can Bail appln be granted by magistrate of Hariyana, Chandigarh,

      madhya pradesh, as all transsections of similar stragety are fond   

      in operation as modus operandee in corporate functioning?

          should it be treated as 'white coloured crime or not'?   

              pls comment and guide

2- Any Judgement of 138 conviction for imprisonment & fine  by high court endorsed to order passed by lower court forone -two years and double the amount ?

 

 

1) If the NBW  issued during the trial the same court will cancell it on application and may put some fine.

2) If conviction is there or matter is decided by lower court than for exact advice all the papers have to be seen.

You mean to say the accused is on run since 1 year, it is highly unlikely that judge would grant you the bail on the first appearance unless and untill you have very sound reason. There are few things you can do::

 

1. Approach the high court with a solid plea, High court may pass the order for favourable consideration by trial court, but final order has to come from trial court only. This is very dicey, because if high court refuses then both the lower courts may not grant you the bail immediately and you may have to come back to High Court for formal bail.

 

2. Approach the lower court with fresh surety and bond. Many courts do not reinstat the older ones, if the judge favours you then fine, otherwise keep the papers ready for session court. One night may not be ruled out. Please take the help of the senior reputed counsel of the same court. 

Usually a fugitive accused u/s 138 NIA, brought/appeared after issue of NBW is not viewed sympathetically, unless a very satisfying reason for previous absence, even on first appearance.  Bail will not be granted without sending to judicial custody though ready with sureties.  If complainant and accused both represent that they are compromising and need next date, it might work.