Section 138

Manish Sharma (Querist) 16 March 2023 This query is : Resolved
There was one case of NI 138 and the accused was convicted in trial court and he challenged the sentence in session court and got bail and regularly attending trial but one day he missed the date and court issued warrant of arrest and the same continue for 3-4 times, what he should do now and what is the process to get bail again?? Will he be get bail again??

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A person convicted under Section 138 of the Negotiable Instruments Act missed court dates after being granted bail, leading to multiple arrest warrants. While the chances of getting bail again depend on the court's discretion and convincing them of unavoidable absence, the individual must apply for bail to avoid arrest. The court will consider the circumstances of the absence during the appeal proceedings.

Sudhir Kumar, Advocate (Expert) 17 March 2023
His chances of getting bail again are purely on the discretion of court now. It is the discretion of the appellant how much he wants to annoy the court.

The query is not understood. You are saying that he missed one date and NBW issued on the other hand you are saying this happened 3-4 times.

Advocate Bhartesh goyal (Expert) 19 March 2023
Accused has no option but to apply for bail, if he doesn't apply he will be arrested so better apply for bail and convince court that he didn't deliberately absent but due to unavoidable circumstances he got absent, may be court grant bail.

Dr J C Vashista (Expert) 20 March 2023
The convict appellant has to attend proceeding before Sessions Court or face consequence.

P. Venu (Expert) 21 March 2023
Admittedly, the trial has been completed. In proceedings connected with the appeal, it not necessary that accused be present in the Court on every date.

It appears that you are not sure of the facts.

What is the case No.? which Court?

Message likes : 1 times

Sudhir Kumar, Advocate (Expert) 30 March 2023
please check facts as suggested.

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