138 n i

Querist : Anonymous (Querist) 01 September 2010 This query is : Resolved
I am an accused in a cheque bouncing case at Aurangabad. I stay in Mumbai. The summons were served to me personally by the complainant along with a police officer. I accepted the summons and went to Aurangabad on the first date itself. I was released on personal bond and asked to provide surety. I provided the surety for the same. On the further date, ie 31st August, the matter was fixed for plea recording. However I could not attend the court but I asked my counsel to file an exemption application. However the court rjected the application for exemption and issued NBW. Please can someone guide me how to get this sorted out? I was not in the court for only one hearing date but the court has strictly issued NBW. Can the NBW be served and executed with the same being collected personally by the complainant? what is the next step? If I appear in the court for cancellation can the court reject my application to cancel the NBW and send me to judicial custody?

Follow Query

Report Abuse

Devajyoti Barman (Expert) 01 September 2010
No the NBW was issued to secure your attendance , not to enforce any punishment. If you appear on the date you will be discharged on bail and on the same date make plea so that at the time of hearing of your exemption petition you need to attend. The exemption can not give relief when your attendance can not be dispensed with like in the case of plea or your evidence.

Querist : Anonymous (Querist) 02 September 2010
Thanks Mr.Barman. I intend to attend the court prior to the next date and apply for canceling the NBW. I would also like to know if plea be recorded by my counsel on my behalf?

Querist : Anonymous (Querist) 02 September 2010
Dear Mr. Barman, The bail surety has already been furnished. Do I have to provide new bail/surety when canceling the NBW ?

DEFENSE ADVOCATE.-firmaction@g (Expert) 02 September 2010
No plea can be recorded by counsel.

No NBW can be issued at first instance of abosence in NI 138 cases.

Querist : Anonymous (Querist) 02 September 2010
Dear Mr. Shashikumar I did not understand the answer properly. Also can someone please inform me what fine amount would have to be paid for canceling a NBW u/s 138 NI

H. S. Thukral (Expert) 02 September 2010
Move an application for cancellation of NBW on any date prior to next date of hearing citing good reason for your absence. Court shall impose a small fine and cancel the NBW. Apply for exemption from personal appearance citing your difficulty. In 138 cases such exemption can be granted.

Querist : Anonymous (Querist) 02 September 2010
Thank you Mr. Thukral. I am planning to visit there by tomorrow and get the NBW canceled. How much fine could be imposed? What is the maximum fine applicable? Considering that the court has taken aggressive action in issuing a NBW even though i was not present for only one date, and irrespective of my counsel putting an exemption application, I would like to be prepared with the max. fine applicable.

s.subramanian (Expert) 02 September 2010
I agree with Harbhajan.

Adinath@Avinash Patil (Expert) 03 September 2010
Harbhajan is right

H. S. Thukral (Expert) 03 September 2010
The fine is nominal but in some cases it can go up to a thousand rupees. part of this fine is sometime paid to complainant and rest goes to Legal Aid Forum. You mention in your application that you have been attending the proceedings in the past regularly and your absence was not deliberate.

Querist : Anonymous (Querist) 04 September 2010
Thank you for your valuable comments. I attended the court yesterday and the NBW was canceled. The fine amount was Rs. 100/-
The reason NBW was issued was because my counsel was not present in the court when the matter came up for hearing. He had just given the exemption petition to the clerk and then attended another court. The Hon'able judge issued the NBW as neither the accused nor his counsel were present in the court.

138 n i

Similar Resolved Queries :