Ni 138


dear experts i made a case againts a person under 138 NI. the same accused was not present before the court any time, in between many summons and NBW has issued for the same.

After my complain to the Police (DGP) and home ministry , matter has been exelated. and i got news the police officer is arreasting to the person
and will present him before the court.

now i want to make objection in his bail process. what to do in the case???

he is master in duplicate documents, he  having more then 4 rasancard of diffrent diffrent distric. i have all evidance.

please guide me. he is harrasing me from last 10 years 

 
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Originally posted by :ajay
"
dear experts i made a case againts a person under 138 NI in 2001. the same accused was not present before the court any time in last 10 years , in between many summons and NBW has issued for the same.

After my complain to the Police (DGP) and home ministry , matter has been exelated. and i got news the police officer is arreasting to the person
and will present him before the court.

now i want to make objection in his bail process. what to do in the case???

he is master in duplicate documents, he  having more then 4 rasancard of diffrent diffrent distric. i have all evidance.

please guide me. he is harrasing me from last 10 years 
 
"
 
Reply   
 


Sr Manager - Legal

In meantime, you can file recovery Suit under Order 37 of the C.P.C. in addition to the ongoing proceedings u/s 138 of NI Act.  Under Section 138 you cannot recover the amount, it is only a punishment under criminal law. 

 
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POWER OF DEFENSE IS IMMENSE

It is bailable offense , you can not oppose bail.

 
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Legal Evangelist - TRIPAKSHA

You have no right to oppose bail in this. The court may impose tough consitions for releasing him on bail. that is it.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
 
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advocate

dear sir

as already stated by other advocates it is bailable in nature. but you can ask compensation.

the hon,ble majistrate has unfettered power to award compensation. please refer 347 sub section 3 of crpc.

if i am wrong please correct me.

regards

sowrirajan

 
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Sr Manager - Legal

It is a bailable offense at the first instance but if he evades the arrest warrant and does not seek bail, then it is a non-bailable.  You need to initiate recovery proceedings as well.

 
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thanks all... can file recovery suit even after 10 years ????? NI case is pending with court from 10 years...
 
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Sr Manager - Legal

Though the period for filing the recovery suit is within 3 years of cheque bouncing, but still you can file the suit supported by the application for condonation of delay u/s 5 of the Limitation Act stating the full reasons for delay.  The court may consider the suit.

 
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All the learned Advocateshave replied to you. But some times the Magistrate even orders for the payment in the criminal case itself. But that is just a chance, which you should be ready if not ordered by the court. It is not mandatory on the court that it has order recovery in the criminal proceedings,,


 

 
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