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Section 138 non bailable warrant against my personal Loan

Querist : Anonymous (Querist) 15 October 2010 This query is : Resolved 
respected sir, my mother has personal loan in religare RS.89000 due to loss in business we unable to pay emi and filed ip . since the religare filed in bangalore court we are unable to attend each hearing and now they issued nbw. what can we do. since we dont have money for travel also. if we want to attend court is there need of money?
Khaleel Ahmed Mohammed (Expert) 15 October 2010
Surrender before the court,file petition for recall of warrant.
Rajeev kulshreshtha (Expert) 15 October 2010
Yes it is the only option.
aman kumar (Expert) 15 October 2010
agree
Chanchal Nag Chowdhury (Expert) 15 October 2010
I suggest that your mother takes out an application for declaration of insolvency. If she is successful, she will temporarily be absolved of her liability not only towards the debt but also in the criminal case.
U should approach local Legal Aid society for legal help as U are unable to bear the expenses towards legal proceedings.
ESTHERPRIYA (Expert) 15 October 2010
you need to recall the warrant or you can file a AB in high court and get the order to be released on bail on the event of arrest with condition. Surely for all this process you need to spend money to get an order.
pawan sharma (Expert) 15 October 2010
Agree.
Kirti Kar Tripathi (Expert) 15 October 2010
i agree
Uma parameswaran (Expert) 15 October 2010
There are many NGO's are there to do free legal service in Bangalore.you can contact them for free legal service.
DEFENSE ADVOCATE.-firmaction@g (Expert) 16 October 2010
Insolvancy petition does not help in NI 138 since it is criminal case.

Apply for legal aid even by sending application to the concerned court.


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