How is bail amount calculated if no pre trial documents have been submitted?
A NBFC has filed a private criminal complaint against me under section 200 of crpc in kolkata for loan recovery based on forged documents alleging criminal acts under sec 420,418,406 & 506 ipc having committed by me at their office in Kolkata and I am a borrower residing in Bengaluru. Their lawyer has not filed any
--pre trial evidence of loan documents or
- evidence of the criminal acts as alleged to have happened at their office in kolkata ( its been 10 yrs since i went to kolkata) or
- explained in the complaint as to how kolkata court has jurisdiction in this matter or
- explained in the complaint how this case is maintainable in kolkata by a power of attorney holder of the original complainant who resides in pune.
The power of attorney holder has concealed the true facts of the case about the forgery and tampering of records and the fact that the documents currently in their possession has wrong photo, altered entries in EMI tenure & amount columns & the signature on the pro note is obviously not matching even to the naked eye. Hence he has not filed any pre trial evidence.
Later on, An FIR has been registered against the NBFC by me under sections 468,471,34,465 in Bengaluru.for forgery of loan documents.
The kolkata magistrate has issued a summons under sec 61 of crpc to appear in person or through a pleader on 26th February.
My lawyer is asking me to
1. plead innocence
2. File a bail petition
3. Pay the bail amount
4. Then explain the facts of the case during trial.
My query is,
1. After pleading innocence, is a bail petition necessary at the summons stage.
2. Is it not common sense that the opposite lawyer has to file pre trial evidence of alleged acts & supply them to me so that my lawyer can evaluate the available evidence to plead innocence or guilty on my behalf?
3. If the valid loan documents are not submitted as pre trial evidence, how will the magistrate calculate the bail amount.
- In my case the lawyer says he will do it based on the complaint letter & that it will be 2% of rhe amount mentioned in the complaint letter. When I asked her If the complainant mentions 20000 crores, without any documentation or supporting evidence basis, am I supposed to arrange for 400 crores as bail amount? She had no answer.
So, my next query is
,4. Can a magistrate decide on need for bail and calculate the bail amount at the summons stage itself on the basis of what is mentioned in the complaint letter?
5. Before applying for bail, Can we ask my lawyer to bring up these points before the magistrate, to ask the opposite lawyer to give us pre trial evidence of the alleged offences along with an explanation on how the case is maintainable as well as how the jurisdiction is proved in kolkata for a borrower in bangalore?
6. If our lawyer is hesitant to do this & does not want to rub the magistrate on the wrong side by questioning how the case was admitted without pre trial evidence, what are our options?
Asked 11 months ago in Criminal Law
Religion: Hindu