NBW Issued for Section 138
A friend has an NBW in her name since she was not represented in court as she was not even aware of the case - no summons had reached her until on one Saturday a constable came to inform about a hearing on following Monday and she was out of state.
The section 138 has been accused by a NBFC from where her acquaintance had taken loan and is now absconding. This was many years back and she doesn't even recall the exact loan details - just that her uncle had asked for blank cheque and a sign as a guarantor. From what little we know about the case, loan amount is 1 lakh and with interest adds around ~1.3 lakh which we can pay and settle. Its just no information was available till date.
Given that NBW has been issued, my doubts are following:
1. How to get the NBW revoked?
2. Do we need to get bail? In case we need bail, she is not from a rich family and does not have many people to stand for surety - local lawyer is asking for 2 people with property. While her mother can be one, can any friend/colleague who owns vehicle/has IT Returns stand as second surety? Are there any other sources/methods to get bail if needed?
3. How to settle the case outside of the court in the sense that pay the dues to bank and ask them to drop the charges in next hearing?
4. With last business shown as Issue NBW, can the friend travel back and meet with lawyer in person or is there a possibility of her being arrested given next hearing date is after 1.5 months.