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S.Kumar (TL)     22 April 2012

Refund of surety amount

Dear friends,

A false case was filed against me & my parents under sec. 498a. The petitioner & her family could not back up their fictitious charges with any evidence, did not appear in court even though summoned numerous times and the case was ruled entirely in our favour. The month-long appeal period have also passed. We have filed an application for refund of surety that was taken from us by the court. It seems all 3 of us have to be physically present in court to sign the procedural papers for refund of the amount (Rs.3000 each, Total Rs.9000) and only then cheque would be issued. This is an out-station case and it does not make much sense to spend about Rs.18000 in airfare to get refund of Rs.9000
Is there a way of getting the surety amount back from court without being physically present?
If not, is it alright not to take the refund? Would there be any negative consequences for not appearing in court to go through the process of surety refund?
Please let me know your suggestions.

Thanks in advance

S.Kumar



Learning

 2 Replies

vijay shinde (Advocate/lawyer)     22 April 2012

your physical presence to refund the security amount is necessary. without your presence and properly identification from your Advocate Hon'ble Court will not allow your application for refund of cash bail amount.

regards

Vijay shinde

1 Like

JANAK RAJ VATSA (ADVOCATE)     22 April 2012

it would be preferable if you get your surety refunded. your physical presence will be needed

1 Like

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