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avishik goenka (secretary)     27 March 2012

Sec.138-nbw.

a lower court has issued nbw. in a sec.138 matter ..... can a anticipatory bail proceeding moved in sessions court ... no bailable warrant was issued before !!



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 5 Replies

Arvind Singh Chauhan (advocate)     27 March 2012

Only remedy is to pray for bail or to file revision against the order of NBW if there are sufficient ground for non appearance prior.

k.chandrasekharan (advocate)     28 March 2012

Don't wait for next date. Get a lawyer and move an advancement application in open court in the morning. The case will be heard in the afternoon session. Move an application for recall of the order of NBW and move application for bail also, with adequate explanation for non-appearance on earlier date fixed. Both will be allowed normally, the same day. Don't venrure without a lawyer, as it may prove counter productive when nbw is hanging on the head.


(Guest)

ultimatly you will come at said lower court So produced the bail application before court & proved that there is no documantry evidence that showing that summan has received by you. Court will cancle the NBW and grant  your bail.

Bilal Akhthar (pharamcist )     28 March 2012

TOok personal loan from Barclays bank given the blank cheques to them they present the cheque in bank now i got the summon need to present in court tommorow beofre going to court wht precations i need to take please reply thanks

k.chandrasekharan (advocate)     28 March 2012

Engage a lawyer. He will see to the bail formalities. You need not have to open your mouth till recording of the statement of accused by the magistrate, which stage is afar.


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