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kavita (Junior Advocate)     31 January 2013

Sec.138 n.i act

Hon'ble Members,

I am going to file BAIL application for my client at "Esplanade court" Mumbai who is accused in cheque bounce case. For which type of BAIL should i pray? Can i ONLY pray for P.R. Bond? I dont think my client is able to produce surety or make arrangement for the cash bail at this current moment. A Bailable warrant was issued against him which police sent back to the court  because they could not find him on the given address (now my client has a new address).


Thank you :-)

Kavita



Learning

 6 Replies

Advocate Rohit (Advocate)     31 January 2013

Yes you can request the court for P.R. Bond by making an application. it is the discretionary power of the judge to decide whether P.R. Bond/ Cash Bail needs to be accepted.

Is your client really guilty of cheque bouncing????? if yes, then ask him whether he could pay the amount to the complainant in lumpsum or installments. if he is ready to pay then you may inform the same to the court and the court shall ask the complainant to give its say on the same.

 

This way you could settle the dispute and the complainant would be under pressure to accept the settlement otherwise court may dismiss the case because of the such attitude of the complainant.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

1 Like

Chetan Joshi (Advisory/Advocacy)     31 January 2013

I think Rohit has given an apt reply..

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com

kavita (Junior Advocate)     01 February 2013

Thank You Rohit Ji. It is my first N.I. Act Case. I have never filed a Bail Application in such kind of case. Would the format for BAIL Application be a regular one? i mean the one which we normally use while dealing with Criminal Bail applications? In this matter can "STATE" be the party? i m bit confused. Do i need to write- Xyz ...Applicant V/s State (through...xyz police station) ? or could i simply write Xyz....Applicant V/s xyz.......Complainant?


Thank You :-)

Kavita

Advocate Rohit (Advocate)     01 February 2013

In bail application state won't be a party. Since it is a case u/sec. 138 of N.I. Act.

you may get the format of the Bail Application for 138 matters from the typist in the court premises. its better to have one copy for the record.

 

Further, you may also call for necessary help, if any.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

DAULAT DILBAUG (Problems related to money marriage matters.-dostnaye@gmail.com)     01 February 2013

Bail of cheque cases is routine matter and esplande court of FORT normally gives bail on personal bond, if amount is more than only cash deposit has to be made.

 

How ever since you say that notice is not served than no need of appearing in the court, let the complainand first serve the notice by finding out the real address of the accused. So you will have lot of time.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     02 February 2013

Agreed with the views of Mr. Rohit.


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