Jinu KUMAR (business) 06 November 2016
Respected experts,
in a chq bounce case victim lodged FIR and accused got anticipatry bail from highcourt. after some manupulation in dates ( chq deposited in 27-06-15 and his bank informed about bounce of chq on 07-10-15 i.e. 4months gape) they sent notice of 138 which is not received but they filed in court that refuse to get remark and court accepted that and issue summons of 138 with sec.420 after 15 months.now what is the status of bail. should i challange it.
NANDKUMAR B SAWANT (ADVOCATE./LAWYER) 06 November 2016
SIR,
KINDLY NOTE THAT.
1. YOU MAY KINDLY GIVE CORRECT DETAILS OF THE CASE.
2. YOU HAVE MENTIONED THAT F.I.R. IS FILED IN CHEQUE DISHONOUR CASE.
3. REGARDING OFFENCES UNDER SEC. 138 OF NEGOTIABLE INSTRUMENTS ACT COMPLAINT SHOULD BE FILED BEFORE METROPOLITAN MAGISTRATE /JUDICIAL MAGISTRATE COURT AND UP ON HEARING ADVOCATE FOR COMPLAINANT AND DOCUMENS PLACED ON RECORD COURT MAY ISSUE PROCESS UNDER SAID PROVISIONS OF SAID ACT.
4. KINDLY FURTHER NOTE THAT CASE UNDER SAID PROVISIONS WILL BE BEFORE COURT AND POLICE CAN NOT REGISTER F.I.R.UNDER PROVISIONS OF NEGOTIABLE INSTRUMENTS ACT. ONLY ROLE OF POLICE IS WHEN SUMMONS IS ISSUED BY COURT ,IT IS TO BE SERVED THROUGH POLICE STATION.
5. YOU MAY KINDLY GIVE FURTHER DETAILS WILL HELP.
GOOD LUCK.
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