Responsible Citizen (Personal) 21 October 2010

Exemption Procedure

Hi My Learned Friends,

I need your expert advice on a query..I am fighting a Criminal Case as an accused under sec 138 for a security cheque bounced by the bank.. the Cross Evidence is being done and the next date is the date for final hearing..however unfortunately i just go to know that I will not be in the town on that date ..How can i get an exemption..I do not want to reveal that I am going out through my company as by this way the bank people will get to know my company and wil start harassing me ,which will be an issue for my Job.

Also want an idea as what could be the outcome of such cases where it is clearly mentioned on the backside of the Cheque that "IT IS FOR SECURITY PURPOSE AND NOT TO BE PRESENTED FOR PAYMENT"

Kindly advice

Thanks

Reply Follow

2 Replies

varun kathuria (proffessional) 21 October 2010

u/s 138 of N.I.Act, the security cheque does not attracts the act, however you have to convince the court about it.

the cheque according to you is security cheque then you must have written about this on the cheque.

For exemption consult your counsel and ask to file an application u/s 205 Crpc for getting an exemption on medical or some other ground as he/she may thinks fit for the case.