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Rahul Sharma   02 December 2019

Calculation of days in custody

Dear sir/mam kindly give some advice on this problem, a family member is having both cheque bounce case and 420/406 case registered , and he/she is in judicial custody in 420/406 case , would the period of custody in 420/406 case be also counted for 138 NI act case in case of conviction in 138 ni act cases.


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 8 Replies

Shashi Dhara   02 December 2019

If bail is not granted and if he or she is in custody then that days may be calculated if he /she is sentenced.
2 Like

Rahul Sharma   02 December 2019

bail is granted in cheque bounce cases , but still in custody in 420/406 case. then what ?

TGK REDDI   02 December 2019

Bail granted.    Still in custody?    Explain.    Couldn't furnish sureties?      Moneyless?

Rahul Sharma   02 December 2019

Bial was granted in cheque bounce cases , but not in 420/406 FIR , still in custody in FIR . 

Rahul Sharma   03 December 2019

And sir ,

what if there are multiple 138 NI cases , in 1-2 cases the person is on bail , and in others neither the person has yet been produced nor production warrants are issued .

The main question is :

Custody of one NI ACT case would also be counted in other NI act case , or each case would be seen seperately for the purpose of calculation of custody.?

Shashi Dhara   03 December 2019

Each case will be separetly counted it will not merged as single case.

Rahul Sharma   03 December 2019

in case where custody is more and the person is aquitted , & where custody is less the person is convicted , will custody of the 1st case in which time spent in custody is more will be adjusted in the 2 nd conviction.

Rahul Sharma   03 December 2019

Sir , my family member is still in judicial custody in FIR u/s 420/406 and there are a few 138 Ni act cases also , he had suffered business losses after demonitisation , and could not repay creditors , because of which people filed many NI ACT cases and an Fir also , we have a professional lawyer for our case , but on these points i wanted some more information . 
Thanks for your time and advice.


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