• What options is there to give sureity in 138 case in delhi

I have been served notice from court in138 case from a company based in new delhi and i am based from ludhiana Punjab. i dont know anyone in delhi hence no one to give surety. the case is of amount 7.5 lac aprox which i am ready to pay but want to fight the case as the said cheque was a security cheque and i have counter claim on the company of aprox 15 lac. but the main issue is of surety right now.
Asked 4 months ago in Criminal Law from ludhiana, Punjab
Religion: Sikh
You can contact a lawyer personally with case documents and fight the case on merit.

For surety you can contact me over the phone after pay consultation fee.


Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
4.9 on 5.0
1) even if it is a security cheque complaint under section 138NI is maintainable 

2) if you have counter claim file suit to recover your money 

3) inform court that since you are based in Punjab you cannot give surety of Delhi 

4) that you are willing to place fixed deposit receipts F X amount  as surety 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
1) court would grant you time to furnish fixed deposit receipt 

2) file case as soon as possible 

3) there are judgments that section 138 complaint is maintainable even in respect of security cheque 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
You can with the permission of the court bring a surety from Ludhiana as there is no law which mandates that only a local person should stand as a surety. The courts do accept outside sureties. 
Ashish Davessar
Advocate, Jaipur
18049 Answers
444 Consultations
5.0 on 5.0
Hi 
Surety: 
1) With reference to your surety, any one of your nearest relative based in punjab can also give surety. Your nearest relative should carry an aadhar card, the valuation of properties done by RDO.
2) you can also request the court to accept your personal surety. In most of 138 Cases this is fully acceptable by the court.
3) Section 445 in The Code Of Criminal Procedure also permits that the person can be permitted to deposit a sum of money in lieu of Surety. 
Sec 445 of Cr PC  reads of follows:  Deposit instead of recognizance. When any person is required by any Court or officer to execute a bond with or without sureties, such Court or officer may, except in the case of a bond for good behaviour, permit him to deposit a sum of money or Government promissory notes to such amount as the Court or officer may fix in lieu of executing such bond.
4) The supreme court has stated in many cases that if admitted to bail, local surety shall not be insisted upon and it shall be sufficient on verification of the identities and actual places of residence outside Delhi of  their sureties and to release persons on personal bonds, or with or without sureties, as the case may be.

Cheque:
a) Various supreme court judgments have categorically stated that 138 NI act , if the cheque is given as security and there is no liability on your side. 

2) Normally surety amount will be less than Rs100000  maximum in a 138 NI case (even assuming there are 2 sureties of Rs50000 each)  and you can deposit the money in court only. 

3)  You can also request the judge to give you time of about 1 week and also mention that the authorised signatory is 75 years old ex-service man. 

4) If you can file counter claims as part and parcel of your defense in 138 NI, you will definitely win your case very easily. 

Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
1) as far as second case is concerned full payment has been made by you .however instead of 15 days time you have paid at later date 

2)as and when summons are served upon you then you should appear in court on the said date and inform the court that full payment of cheque has been made by you .

3) although legally an offence has been committed as full payment has not been made within period of 15 days .

4) as far as first cheque is concerned if 40 lakhs is payable by the complainant file suit for recovery 

Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
I have been served notice from court in138 case from a company based in new delhi and i am based from ludhiana Punjab. i dont know anyone in delhi hence no one to give surety. the case is of amount 7.5 lac aprox which i am ready to pay but want to fight the case as the said cheque was a security cheque and i have counter claim on the company of aprox 15 lac. but the main issue is of surety right now.

You can take any government employee among your friends or relatives for signing as surety to you along with their identity cards and pay slips.  

The court will accept such surety.
T Kalaiselvan
Advocate, Vellore
13883 Answers
127 Consultations
5.0 on 5.0
1) i have read many cases and again & again the verdict of the jujment has been that if it is proven that the cheque given was as securitu and not issued to discharge libality than 138 is not aplicable.

You have to prove that there was no legally liable debt and this was issued only for the security purpose alone. during trial proceedings.




2) i am going to file the case immidiately but after the court date in delhi as i have no time it is on monday.

Consult your lawyer about it.   




3)will the judge give me time to make fixed deposit as the case is in my fathers name as he was authorised signatory and is 75 years old ex service man

If the case is on your father's name, then only he has to appear in the case not you.
He can move an application before trial court stating tht he is ready and willing to deposit the amount before court, his request may accepted. 

T Kalaiselvan
Advocate, Vellore
13883 Answers
127 Consultations
5.0 on 5.0
1.  This is a very valid evidence to prove that the cheque was given long back and it has no validity now.

This is a matter of trial and defence evidence, you may even get acquitted by strongly defending the case based on the evidences you may produce before court.





2.  No doubt you have a reason to defend yourself but this may not be considered as a good defence, it may go against you, discuss with your lawyer on this point. 





3.  If you receive  a notice from court, you may appear before court and move a petition informing the settlement with the evidence of settlement, the court may ask the complainant to withdraw o r it may even dismiss the case on the basis of satisfactory evidence submitted before it.
T Kalaiselvan
Advocate, Vellore
13883 Answers
127 Consultations
5.0 on 5.0
You have sound grounds to successfully contest the case, but at this stage emphasise only on bail. 
Ashish Davessar
Advocate, Jaipur
18049 Answers
444 Consultations
5.0 on 5.0

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