Proceedings u/s.138 of NI Act
G.Padmanabhan
(Querist) 16 May 2011
This query is : Resolved
A client of mine has received summons from ernakulam Judicial Magistrate's court on a charge against him u/s 138 of NI act. Is it necessary for the accused to apply for bail and furnish sureties. if yes, should bail application be moved at the first hearing itself?. In tamil nadu, for 138 NI act cases, such bail applications are not necessary. But in some states, they follow the bail procedure. Would any of our experts, familiar with the procedure in criminal courts in Kerala state, would advise?
M.Sheik Mohammed Ali
(Expert) 16 May 2011
no need to take bail in first hearing, you just present at JM, after engaged advocate
R.Ramachandran
(Expert) 17 May 2011
Dear Mr. Sheik,
You are telling the procedure obtaining in Tamil Nadu Courts or in Kerala courts.
Advocate. Arunagiri
(Expert) 17 May 2011
No need for bail. Just produce the accused at the time of hearing. If the accused is not present for the hearing, NBW will be issued, only at that time bail is needed.
Guest
(Expert) 18 May 2011
Agree with the opinion of Mr. Arunagiri.
G.Padmanabhan
(Querist) 21 May 2011
Thanks to all the Experts,
I attended the court, and no bail is required. for the information of LCI members, in West Bengal and Karnataka , even if the accused is present, he is to move bail and furnish sureties to assure the court that he would attend the trial in future. Though, for an offence u/s 138 NI Act, court has no discretion, but to grant bail.
Guest
(Expert) 21 May 2011
Totally agree with arunagiri.
Receiving summons doesn't requires bails but if you are not present at that date then it is necessary.
