Negotiable Instruments Act

Dipak kantilal joshi (Querist) 15 January 2016 This query is : Resolved
I had business loans from Indiabulls financial services ltd in the year 2006.EMI cheques were issued which dishonored.They filed case inbangalore court then they file other case in gurgaon. Where proclamation order was issued on 26/10/213.and transferred to bangalore.I approach bangalore high court by filing writ u/S 226 and 227.Apex court dismissed writ. I approach supreme Court challenging order of bangalore higj court.Supreme court asked to approach gurgaon court for transfer of case to bangalore court aspersions latest Gazette notification on latest Negotiable Instruments Act. (orally no order passed but case was listed in supreme Court)
Can bangalore police execute proclamation order issued by Gurgaon court?
Can I get transit bail or anticipatory bail?

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Dipak kantilal joshi (Querist) 15 January 2016
Pl clarify query

Dipak kantilal joshi (Querist) 15 January 2016
What is procedure for replying question on post?

Dipak kantilal joshi (Querist) 15 January 2016
I didn't get reply for my query.Pl tell me procedure to get answer on my query posted?

Guest (Expert) 15 January 2016
Naturally you would have hired two different lawyers for two cases, one at Bangalore and the other at Gurgaon.

So, what is the opinion of your own lawyer of Banglore case as well as of Gurgaon case?

Moreover, you have not mentioned the background of the cases why the IndiaBulls filed two different cases at two distant locations.

You should not have expected reply without discussing backgrounds of the case.

Adv. Yogen Kakade (Expert) 16 January 2016
Mr. Joshi.. little more details of the case are required to be mentioned. You will certainly get the solution.

Dipak kantilal joshi (Querist) 16 January 2016
Sir thanks for prompt reply.little more details of the case
1)As it is simple harassment techniques deployed by banks and financial institutions to file multiple case for same cause of action in Negotiable Instruments Act.
2)Inmy case also multiple case has been filed in different citi in Gurgaon court and bangalore court.Bangalore case disposed of without trial and shows as mass disposed of IN computer and gurgaon court proclamation pending.
3)My intention is whether anticipatory bail or transit bail can be obtained from bangalore court pertaining to gurgaon court proclamation issued?
4)whether bangalore high court can trespass territoryand stay gurgaon court proceeding?

DEFENSE ADVOCATE.-firmaction@g (Expert) 16 January 2016
Even at this late stage find an advocate who has handled cheque cases since you have made a simple problem more complicated by going to higher courts.

1) May be your loan may be one but you may have given multiple cheques and hence this problem of case at separate places.

But now law is changed . Any number of cases between same parties can be filed at one place. And if filed at separate places the same will be transferred. No need to go to HC or SC a simple application at second court is sufficient.

2) Now if the case is at Gurgaon go there and appear with the help of an expert advocate and apply for cancellation of proclamation , which will be done in normal course.

If it is second court all further steps will stop the moment you give an application for transfer as per new amendments in cheque law.

3) Defend the case properly at lower court instead of rushing at HC or SC, it is much easier to come out of the cheque case at lower level it self.

It seems that you have not appeared at lower court and hence proclamation is issued. No trial can take place without your presence.

Rajendra K Goyal (Expert) 16 January 2016
Agree with the practical advice from expert ADVOCATE DEFENSE.

Guest (Expert) 16 January 2016
You have the need to get your case related documents thoroughly examined by some local expert and get appropriate advice based on his nalaysis of the case.

K.S.Srinivas (Expert) 26 January 2016
Engage a senior advocate who had experience in dealing with the cases relating to N.I.Act.

Negotiable Instruments Act

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