• Measures to be safe from legal frauds

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
Asked 4 years ago in Criminal Law
Religion: Hindu

3 answers received in 30 minutes.

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13 Answers

Ask them to serve first summons and than you are answerable to them.

Ganesh Kadam
Advocate, Pune
12915 Answers
254 Consultations

4.9 on 5.0

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.

Devajyoti Barman
Advocate, Kolkata
22809 Answers
487 Consultations

5.0 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
94651 Answers
7523 Consultations

5.0 on 5.0

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. 

Kumar Deepraj
Advocate, New Delhi
9 Answers

Not rated

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

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

There is no anticipatory bail for offence under cheque dishonor. The offence is a bailable offence.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

138 is bailable offence. No need of anticipatory bail for 138. For non bailable offense you will get ABA

Prashant Nayak
Advocate, Mumbai
31906 Answers
179 Consultations

4.1 on 5.0

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). 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

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,

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You needn't to apply for anticipatory bail because 138 is bailable offence. 

 

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

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.

Yogendra Singh Rajawat
Advocate, Jaipur
22622 Answers
31 Consultations

4.4 on 5.0

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

T Kalaiselvan
Advocate, Vellore
84851 Answers
2186 Consultations

5.0 on 5.0

See if there is sufficient cause to establish before court that there is reason that you can be arrested so to avoid arrest you can file anticipatory bail but agaisnt given there is no cause anticipatory bail shall not be granted.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

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