Ask them to serve first summons and than you are answerable to them.
I am facing a person who in combination with lawyer, local thana police and junior level judiciary is lodging cases of 138 and want to fleece money in the name of fear of arrest during legal court process, like summons not served,bailable and nonbailable warrants. can i get anticipatory bail against such fraudasters
It is not sure why and how the summons of 138 NI Act is served upon you unless and until you have drawn cheques in his favour.
If you have drawn cheques then it is your liability to see that the cheque is honoured and if dishonoured then you repay the drawn amount though other means.
So give details of the dispute so further advice in proper perspective can be given.
1) you can apply for and obtain bail from trial court
2) if you remain present in court then no bailable warrant would be issued against you
3) you don’t need to apply for Anticipatory bail
Granting or denying of Anticipatory Bail will be solely based on the facts of the days. Whether there is any offence against you under NI Act or not?, or What evidence they have? will have to see these.
However, if you engage a good Advocate, interim bail may be granted at the outset.
Hello,
a case of 138 can not be filed without services of the notice and if the summon is issued by the court then it will come to you.
You may take bail as soon as you get the summon. There is no point in taking anticipatory bail at this juncture.
regards
138 is bailable offence. No need of anticipatory bail for 138. For non bailable offense you will get ABA
First of all confirm whether you have issued cheque to him and whether it is returned un paid ?
If yes, he has to issue notice under Sec.138 NI Act followed by filing case.
If it is not done, you need not worry.
Approach higher officials by collecting the call details etc. (record the call if you receive now from them).
1. You cannot blame the lawyer and local judiciary. They are doing their duty.
2. If court has summoned you under 138 NI Act as accused then appear and seek bail and then contest the case on merits.
3. There is no question of arrest being made or even a bailable warrant being issued if you appear in the court on the appointed date of hearing and seek bail,
There's no need of AB in complaint cases, only if you not appear in court or represent through lawyer arrest warrants issue, neither AB granted in bailable offences.
Any good advocate who represent you can deal such issues effectively.
If at all there is any case registered against you with the police then you can very well file an application seeking anticipatory bail.
If there is no police case but only a cheque bounce case pending before a court then you can surrender before the court concerned and get regular bail on the spot