138 ni and bailor (Criminal Law)

This query is : Resolved

Author : Manoj Deka

PRO CHAT CALL

Posted On 24 September 2011 at 16:10

Sir,
I filed a cheque bounce case u/s 138 NI act the accused gave a written submission to the magistrate stating that within a month he will make all my payment and the accused were freed on bail. till then now more then one year has passed the accused on every date submit a petition throw his counsel stating that his wife is sick and out of station lastly the magistrate issued notice to the bailor to present the accused but the bailor did not do so after that the magistrate issued N.B.W. to the bailor also now the counsel of the accused has filed a review petition to District Judge that issue of warrant to bailor is unjustified how can we handle this.

Expert : R.Ramachandran

PRO CHAT CALL

Posted On 24 September 2011 at 16:45

When he has gone to the High Court, the HC will also see the merits of the case and decide. You have to bring out the facts about the conduct of the accused as also the surety before the Trial Court and plead that the order of the trial court is correct and does not call for any interference.

Expert : Advocate M.Bhadra

PRO CHAT CALL

Posted On 24 September 2011 at 17:59

File an objection to the District Court against the review petition filed by the accused.

Expert : PARTHA P BORBORA

PRO CHAT CALL

Posted On 24 September 2011 at 19:11

I support the view of exp- Minansu Bhadra.

Expert : ajay sethi

PRO CHAT CALL

Posted On 24 September 2011 at 19:31

these are dilatory tactics adopted by accused to delay trail . attend court regularly , request court to dispose of case and oppose application for adjournments

Expert : prabhakar singh

PRO CHAT CALL

Posted On 24 September 2011 at 20:04

you need to take the District Judge move throw the order sheet of the lower court,some strong order would be passed,even if impugned order is modified.

Expert : raj kumar makkad

PRO CHAT CALL

Posted On 24 September 2011 at 22:10

You have to do nothing there except to oppose the review petition as it is the necessity of court to secure the prsence of accused person and such tectics cannot help the accused in any way.