U/s 138
Vishwas Jape
(Querist) 27 June 2014
This query is : Resolved
DEAR SIR ,
I AM RESIDENT OF INDIA , AGE 66 , SENIOR CITIZEN , AT PRESENT AT USA , FOR NEXT 3 - 4 MONTHS . I AM FACING , CASE U/S 138 BY THE BANK IN PUNE . THROUGHOUT THE PROCESS OF THE CASE I WAS PRESENT AT COURT . THE CASE HEARING , ARGUMENTS ARE OVER & NOW PUT FOR JUDGEMENT , AFTER GETTING DATE AFTER DATE , THE FINAL DATE GIVEN WAS 16TH JUNE 14 . MEAN WHILE , AROUND 15TH MAY 14 , I TRAVEL TO USA . NOW MY LAWYER SAYS COURT THINKING TO ISSUE NBW AGAINST ME , SINCE I AM NOT PRESENT . IS THERE ANY LEGAL SOLUTION POSSIBLE TO WITH HOLD NBW FOR NEXT 3 - 4 MONTHS , SO I CAN BE PRESENT IN THE COURT ON THE DAY OF VERDICT . RECENTLY , I CAME ACROSS REF. OF MADRAS HIGH COURT IN CASE OF NBW , U/S 138 , I WONDER WHETHER , IT IS APPLICABLE IN MY CASE TOO . PLEASE , I WILL BE MOST THANKFUL & OBLIGE FOR YOUR WELL ESTEEM ADVISE ,
THANKS & WITH REGARDS ,
VISHWAS
Devajyoti Barman
(Expert) 27 June 2014
NBW will remain in force as long as you do not surrender before court and take bail.
On the date of judgement you can appear and pray for bail.
It is advisable you surrender and take bail as in the vent of decision passed against you you would face stringent condition for getting stay of judgement impugned in the Appeal if preferred by you.
Vishwas Jape
(Querist) 27 June 2014
THANKS DEAR AD BARMAN ,
SIR , I CAN DO SO WHEN BACK TO INDIA . I CAME ACROSS JUDGEMENT OF BOMBAY HIGH COURT , WHERE NBW IN CASE OF U/S 138 ISSUED AFTER BW & GENERALLY NOT ISSUED SINCE IT IS NOT CASE OF CRIMINAL NATURE . IT WILL BE ANOTHER 3 MONTHS , MID SEPT. 14 , WHEN BACK IN INDIA , TILL THEN I HAVE REQUEST FOR CANCELLATION OF NBW . PLEASE ADVISE
THAKS & REGARDS ,
Nadeem Qureshi
(Expert) 27 June 2014
Dear Querist
the NBW has been issued or not?
if yes then no need to worry when you came to india then file an application for cancellation of NBW, if NBW has not issued and judgement is also not passed then file an application regarding personal exemption through your counsel with the detail facts regarding your traveling abroad. if the magistrate reject your application and issue NBW against you then file a revision petition before session court of high court. you need time and you can time through this procedure, when you return to india in September then settle the matter.
Feel Free to Call
Vishwas Jape
(Querist) 28 June 2014
MANY THANKS AD NADEEM QURESHI ,
NBW HAVE BEEN ISSUED , JUDGEMENT NOT GIVEN , MY COUNCILLER WILL SUBMIT COPY OF MY AIR TICKETS ON 30TH JUNE 14 , THE NEXT JUDGEMENT DAY . THE MAGISTRATE IS OF THE OPINION I MUST BE PRESENT ON THIS DAY . IN CASE OF REJECTION YOUR WELL ESTEEM ADVISE WILL BE FOLLOWED . THANKS ONCE AGAIN . I WILL TRY & CALL YOU PLEASE .
Sankaranarayanan
(Expert) 28 June 2014
Well advised by experts and I do stand with them
Devajyoti Barman
(Expert) 28 June 2014
In your absence NBW shall in no way be cancelled.
Do not run the risk of getting judgement passed in your absence. The consequences will be much grave if it is passed against you.
Rajendra K Goyal
(Expert) 28 June 2014
NBW would not be cancelled till you appear before the court.
T. Kalaiselvan, Advocate
(Expert) 28 June 2014
It is advisable to be present in the court on the judgement day or else if the judgement of conviction passed against you in your absence, you may not be able to get your sentence suspended without being enlarged on bail, under such circumstances, you may have to be inside the prison (if sentenced to undergo imprisonment), obtain bail and then apply for suspense of sentence as well as preferring an appeal against the lower court judgement. See if you can run a risk this way or think what can be done.
