Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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francis (CHIEF)     29 June 2017

Cheque case dispute

Respected Sirs

I am Frank from Tamilnadu, as per the above subject myself respondent in 138 NA and its a false case my query is sir since 2014 till date i have been attending regularly for hearing but for the last 2 hearings i couldnt attend and status have made as "Bailable Warrant" is it a major issue or what are the steps need to be taken due to my lawyer nowadays is not trust worthy....
While not attending previous hearing lawyer informed that not to attend next hearing bcos several formalities to be done and recall should be made he said..is it true and is it offense Bailable warrant...
pls clarify sirs

thanks & regards

Frank



Learning

 7 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     29 June 2017

You attend yourself in the court and record the attendance. Bailable warrants means if you appear before the court on the mentioned date, the court will recall his order and cancel the warrants and will not take you in custody . In case you do not appear on the date, thee bailaable warrans will converted in to non-bailable and in that case you may be arrasted by the police or the court will take you in to legal custody .

 

Advocate Bhartesh goyal (advocate)     29 June 2017

Appear in court on date of hearing and get bail else your arrest warrant will be issued by court.

P. Venu (Advocate)     29 June 2017

Yes, you can appear on the next date and have the warrant recalled.

Siddharth Srivastava (Advocate)     29 June 2017

Since 138 N.I. Act is a complaint case, hence, the accused is required to be present on each date of hearing and if on any date he is unable to appear then exemption application is to be filed seeking exemption. What your lawyer will do if you remained absent?  As the court has issued bailable warrant, just file application for cancellation of bailable warrants. You may engage new lawyer if you are not satisfied with present lawyer. Pl donot blame a lawyer on this platform. Not healthy practice. 

Dr J C Vashista (Advocate)     30 June 2017

Very well advised by experts, I agree and nothing more to add.

1 Like

francis (CHIEF)     30 June 2017

Thank u sirs for the advice...

Vinod shah (legal assistance for victims of system. findjobs02@gmail.com)     30 June 2017

Any advocate from AP Nellore dt.

We have a cheque case at Nellore and the judge is asking for two local surities otherwise he will issue NBW.

 

what is the remedy.


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