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Rohit (Legal)     17 July 2014

Surety in 138 ni act

Dear Seniors and Fellow Members,

There are two cases that are filed against us under Section 138. We have received four summons under Section 138 NI Act from Bangalore ACMM under each case.  On the  first date, we have obtained exemption for all the 4 accused (three individuals and one Proprietor ship fim which belongs to one of the three individuals) under each case. Accused are same in both the cases.


Now the thing is the advocate hired for this case has first advised us that 8 sureties are required to obtain bail in the two case as one surety for one accused. Now he says that two sureties are required for 8 accused ie one surety will give surety for 4 accused and remaining one for another four accused. In Bangalore, as the rules vary from state,  may i know the correct dispensation application there in Bangalore.

Secondly, can an employee merely showing his salary slips, ID and appointment letter pay surety for the accused, please elucidate.

thanks in advance!


 2 Replies

R Trivedi (     18 July 2014

If the proprietorship firm is made accused, that means cheque is of that firm.


In case of proprietorship firm, the case is not made out against any employee or manager, it is against the proprietor only. The case is not made out against firm also has it has no legal entity. So hire a good lawyer, who knows this aspect, except the prop all must be set free even at this stage.

Alapati Prasad (Engineer-Business-Lawyer)     18 July 2014

 Three persons ( except Proprietor) shall apply for Quash petition, for not proceeding any legal action against them, as per ur Advocate's advise.

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