Order for personal bond would not be set aside
2) you can cross examine the complainant during trial to prove your innocence
Inspite of proper correspondence with complainant notice was send at wrong address
With respect to the section 138 of N.I.complainant has send the notice at wrong address resulting in appearance of the accused in only the third hearing wherein magistrate court had instructed a penalty of 10,000/-.On appearance on third hearing the penalty was a quashed but personal bond in the sum of Rs.100000/-on behalf of accused was ordered. but question is the cheque bounced was in the personal name of one of the two directors and company had already transferred almost all the amount to the complainant.how the cheque have reached the complainant is a question.Remaining amount was disputed as the transaction was about equipment (costly)wherein the technical/application support was the responsibility of the complainant .On non delivery of services goods were returned resulting in huge losses to the accused.lots of other disputes can be proved by means of e-mails . can i apply to court to re-consider the personal bond ?can i apply the court to dismiss the The section 138 as the complainants intentions can be proven to be malafied.
Asked 4 years ago in Criminal Law
Religion: Hindu
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13 Answers
The same complainant has a notorious history wherin they have approx.40 legal cases filed by them.the same complainant had approached nclt under IBB Section(9) but nclt is in the verge of dismissing the case as the complainant is not able to provide the proof of delivery.more over the cheques are deposited by the far 9 months after the invoicing of goods.inspite of constant reminder for agreement the complainant never bothered for replies.all the complaints and issues are recorded in mobile as well as emails.they are also making claims of goods which has never been delivered to us.please guide.
Asked 4 years ago
You cna during cross examine question the accuse as to when goods were delivered
whether any complaints were received regarding quality of goods
whether any payments were received by him
1. In 138 matters, it is a routine legal procedure to take Bond from the Accused party and there is nothing adverse about this.
2. Once 138 case is filed, THEN case cannot be dismissed till proper Trial proceedings are conducted (documentary evidences, witnesses statements, cross-examinations, arguments .... ).
3. Depending on actual available documentary evidences and facts, case "quashing proceedings" u/s 482, can be filed in the High Court only.
4. IF cheques belonged to personal savings account, and IF 138 is filed against Co. directors, THEN the 138 case is not tenable and shall be drawn in your favor. However this will require to be conducted properly as per point no. 2.
my company is in mumbai and the case is regestered in new delhi court .Can this be transferred to mumbai?more over please advise me if i should go to high court to squash the case.
Asked 4 years ago
Quashing is to be done only in exceptional circumstances
for transfer of case to Mumbai you have to file petition in SC
You can go for quashing in this matter on the only ground that loan was taken in personal capacity by directors. It can't be transfered if jurisdiction is new delhi
1. Transfer of Case is possible ONLY with permission of the Trial Court and consent of the opposite party.
2. Quashing proceedings can be done in the Delhi High Court, by providing all the relevant documentary evidences available with you.
Whatever you want to inform or defend before the court, you may have to take it up when the trial of the case begins.
Have you mentioned all these in yor reply notice to the demand notice issued by the complainant to you, if not then your stand and grounds will be very weak to defend your interests.
Your denials and documents supporting your defence can be taken up only during the trial proceedings are going on and not before that.
Since you are having substantial evidences to prove your innocence of the offence charged against you, you may better contest the case very strongly and get the case dismissed.
The case cannot be transferred to Mumbai, you may have to appear before the trial court at Delhi only.
Even for quashing the same, you may have to file a petition under section 482 Cr.P.C. before high court Delhi only.
Case under 138 Ni Act would be transfer to other state.
You can file petition for quashing u/s 482 crpc before Delhi high court.
1. No need to file application for reconsideration of personal bonds as they come in force when accused doesn't appear in court on date fixed without any reason or intimation to court.
2. Yes you can make petition Under section 482 CrPC for quashing of proceedings under section 138 NI act on ground of false accusations.
No case cannot be transferred to Mumbai.
You have to make petition for quashing in Delhi High court.