Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rajneesh Madhok (Advocate)     11 May 2017

Bailable warrant issued despite credit balance in savings account

BAILABLE WARRANT ISSUED IN 138 NEGOTIABLE INSTRUMENT ACT AGAINST DEFENDANT PRESENTLY IN DUBAI DESPITE SUFFICIENT CREDIT BALANCE My client issued a Cheque for Rs 1,00,000/- in Property deal as part payment for property deal of say 10 Lakh. Already Rs 4 Lakh had been paid to the seller in cash and the agreement in between both the parties had been made through his father. This Rs 1 Lakh payment was made in the days when demonetization of Indian currency was made. That my client has been working in Dubai, and reply to Legal notice has also been made to the Plaintiff that it was not due to the negligence of my client but it is due to the negligence of the bank that the cheque bounced. Because on the date of presentation of cheque Rs 1,23,000/- had been lying in the credit balance of the said bank branch. Bank had returned the cheque with a memo of “Refer to drawer”. The reason confirmed from the Branch Manager was that as the Saving Account opened by my client was a “Jan Dhan Yojana’s” account and the transaction of more than Rs 50,000 is not allowed in that account. The funda is that my client visited Bank branch for opening of Saving Account, but to achieve target of “Jan Dhan Yojana’s account” my client’s Saving account had been turned to Jan Dhan Yojana Account. Now the question is when Bank has collected all the documents pertaining to open account like Aadhar Card which is mandatory for opening Saving Account but not mandatory for opening Jan dhan Account. Even cheque book issued to my client and there is no instruction on the cheque book and Debit card that the transactions more than Rs 50,000 can not be made in this account. The foremost point of consideration is that my client gone back to join his job in Dubai now. After his departure the party filed case under Section 138 of Negotiable instrument act. On the last date of hearing my client’s father had submitted “Special Power of Attorney” in the court but the said Judge had not accepted the Special power of attorney due to criminal case. Now the Bailable warrant has been issued against my client. What is the remedy now. As my client is in Dubai. Special Power of Attorney is not permissible. Bailable warrant has been issued?


Learning

 1 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     12 May 2017

Try for video conferencing. In a path breaking development, the Supreme Court held that a trial judge could record evidence of witnesses staying abroad through video conferencing.

Interpreting Section 273 of the Criminal Procedure Code in the light of technological advancements, a bench comprising Justice S N Variava and Justice B N Agrawal said recording of evidence through video conferencing would be perfectly legal.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register