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Mailmeadvocatesingh   30 January 2024

Passport forfeited by magistrate court in jan 2019 -section 138

A client was referred to me whose passport was forfeited by magistrate court in Section 138 NIA act

 the order read that either he has to furnish securities worth 20 lacs (cheque amount) or his passport

 He surrendered his passport in Feb2019 

he came to me asking to get the passport released by means of appeal. As his business is suffereing and his father is old and needs treatment in singapore

90 days have passed to challenge the interlocutors order and there is not much reason for confrontation of delay. He just don't know that the decision could be reviewed and that time passport was not required to him 

Is it still possible to appeal a Jan 2019 order or other way in which his passport be released

Explaining  each and every day clause in condo action of delay would be difficult and almost 5 years have passed 

 



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     30 January 2024

The court has not forfeited the passport, but has held it in its custody.

He can file a petition before the same court to return the same after receiving sufficient alternative surety even now.

If the court rejects then he can approach High court with his revision petition.

Namit Mehta   30 January 2024

He doesn't have sufficient surety. 

T. Kalaiselvan, Advocate (Advocate)     30 January 2024

Its been five years now after the case has began, is he not able to provide surety so far, if so how can he manage to finance for his foreign trip?

Law is not having solutions for all your problems, you have to follow the procedures of law. 

Mailmeadvocatesingh   31 January 2024

I met the client yesterday, he doesn't have enough surities. 

His house and factory are being auctioned by bank and the case is still going in drt since 5 years

 financial crisis a bina fide ground for condo nation of delay? 


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