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ali (proprietor)     05 June 2010

138 NI

I have been served a summons to appear in a cheque bouncing case u/s 138NI, please inform procedure how to appear and whether surety is to be provided on first appearance itself. the case is in aurangabad and i am new to that city, I do not know anyone there. Please advice.



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 6 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     05 June 2010

DEAR ALI,

IT IS SIMPLE CASE NO WORRY, GO PERSONALLY ATTEND THE CASE, NOTE DOWN THE NEXT DATE (MOSTLY AFTER 6MONTHS).

DO NOT FORGET TO COLLECT COMPLAINT COPY, CHQ COPY, BANK SLIP, POSTAL ACK, NOTICE COPY ETC., COURT WILL PROVIDE U IN FIRST APPEARANCE.  INSTANTLY NO ADVOCATE OR ANY SURETY IS REQUIRED.

THEN SEND ME I PROVIDE U THE SOLUTION AND STRENGTH  OF UR CASE.

MEAN WHILE GO  THROUGH THE ATTACHED CASE & RELAX

Suman Kumar Sinha (Lawyer)     06 June 2010

Dear Mr. Ali

                       The offence u/s 138 N.I. Act, is a bailable offence.You have not mentioned whether cognizance has been taken u/s 138 N.I.Act only or there are other sections like 420 I.P.C. also. If it is u/s 138.N.I.Act only there is nothing to worry .You engage a good laywer and file your bail application on your first appearance, you will get bail.Whether the Court will release you on furnishing personal bond or you will be asked to furnish bai bond, it is a discreation of the Court.

Yours Faithfully

Suman Kumar Sinha

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     07 June 2010

IT IS THE SUMMON U/S 138 OF NI ACT, NO SURETY OR BONDS REQUIRED. IT IS JUST LIKE A CIVIL CASE .INSTANTLY NO ADVOCATE ALSO NECESSARY. HENCE THERE IS NO 420 IPC , NO QUETION OF ARREST. EVEN 420 IPC ALSO BAILABLE. DONNOT PANIC FACE THE TRAIL VERY HONESTLY.

THE NI ACT IS SO FRAMED TO KEEP THE EFFICASY OF THE BANKING INSTRUMENTS LIKE CHQS.

BUT TODAY THIS ACT IS A WEAPON FOR ALL CHIT FUND AND PRIVATE FINANCERS AND PRAWN BROKERS WHO IS CHARGING RS.10/- PER MONTH INTEREST.

THE SAME ACT SECTION 147 SAYS IT CAN BE COMPOUNDABLE . THIS SECTION IS IN FAVOUR OF ACCUSED. DUE TO NO TIME FRAME ( EXCEPT THE RECENT SC GUIDELINES).

syed ghaznfar ali (proprietor)     07 June 2010

Dear Mr Ali,   You have to be very careful from the day one,hire a real competent lawer,inform him the honest

situations and conditions in relation to issueing the cheque for.Due to the over confidence i suffered and still

suffering,therefore,do not take the trial u/s 138 lightly.If you have honestly paid the cheque against the outstanding debt or liability it is better to pay him and try to settel the issue outside the court.If it is not then

go ahead hire the best advocate in the field buy relevent books in regard of NI act dealing for section 138.

Follow from the day one.All the best

Adesh Kumar Sharma (Senior Associate Lawyer)     16 October 2010

My dear friend,

you please tell, which bank the cheque is drawn upon, for what liability the cheque is issued and where it has been issued.???


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