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Ali   10 July 2023

Ni-act 138 multiple cases are ongoing and many have been disposed can i apply for passport renewal?

Hi Everyone,

My father is having multiple Ni Act138 cases on his name and many of them has disposed and some are still going on. The ongoing cases are from Sriram city union finance over Home Mortgage Loan and they have used cheques to file cases in multiple courts some in the local court some in Delhi's court. I want to apply passport Renewal for my father in this situation. He is having very old expired passport already. 

My father tried settling up the things with the finance company but they denied and they are asking 4x amount of which they have given(says the amount gets multiplied for the interest amount as well) Even my home is not having that much value to give them that much money to settle up.

Note:- For one of the case he got bailed recently, Many time he got zamaanati warrant(Bailable Warrant) and skipped many hearings due to fear of the advocate of the company as he always try to call police and tries to threaten by saying Delhi police will bring you delhi.

Please help how can I proceed?
What all things I need to keep in my mind before applying for the passport for him?
Do I need PCC(Police clearance certificate) before applying? Will I get PCC easily? 
What could be the consequences if anything goes wrong?
Will police verification Pass?

Thanks in advance



Learning

 8 Replies

T. Kalaiselvan, Advocate (Advocate)     10 July 2023

Even for renewal of pssport the applicant need to obtain permission from concerned judicial magistrate court during pendency of a criminal comnplaint against him.

In the application column for reissue of passport the column asking for details of pending criminal cases are to be filled correctly otherwise on police verification, the police will submit report of pending criminal cases, then it will become a problem forever to your father in this regard.

Since your father has already obtained bail in few cases, this may be brought to the knowledge of police while sending their report hence you cannot suppress the fact of pending criminal  cases against him.

Real Soul.... (LEGAL)     10 July 2023

He can apply for passport but he won’t get clearance from Police department, it is better to clear the cases first. The passport will be denied in such circumstances.

Ali   10 July 2023

Sir T. Kalaiselvan, Advocate, 

Is cheque bounce considered as criminal case here? There is no FIR complaint raised for such cases against my father still the permission needed?

Thanks

T. Kalaiselvan, Advocate (Advocate)     10 July 2023

It is a private criminal complaint and the provisions of crminal procedure code do apply to this case also.

Thus during the pendency of this criminal complaint,  it is pertinent that the accused needs to obtain permission from court for renewing the passport too.

In the passport renewal application the column pertaining the pendency of the criminbal case cannot be suppressed. 

In theis case your father has already submitted sureties and also in some places bail to be obtained.

All these provisions are of the crimninal procedure code

1 Like

Ali   10 July 2023

Sir T. Kalaiselvan

Do I need to go for a bail procedure for each and every case before asking for a permission of passport application?

Do I also need to get permission from other courts outside of my city where cases are registered? In my case the outside court is delhi.

T. Kalaiselvan, Advocate (Advocate)     11 July 2023

The permission may have to be obtained from all the courts where there's a criminal case pending against him as well as he has to obtain bail from all the courts where he has been implicated in the cheque bounce criminal case. 

Dr. J C Vashista (Advocate )     11 July 2023

Each and every case is different and independent till these are tagged. 

P. Venu (Advocate)     11 July 2023

In this context, Government of India has issued comprehensive instructions which could be accessed at https://passportindia.gov.in/AppOnlineProject/pdf/CIR_0222681_Y.pdf.


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