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Legal Shorts; S.138 NI Act – Exemption by trial court is not deemed bail!

S.138, Negotiable Instruments Act – If the magistrate allows the exemption application of the accused on the first date of hearing that doesn’t mean he has granted him bail also or accused has got deemed bail.

Reliance of the learned counsel for the petitioner on Bhaskar Industries (Supra), contending that the accused person may be exempted from personal appearance at the very first hearing, cannot be interpreted to be exempting the accused from obtaining bail from the Court. Further, all the cases relied upon by the petitioner‟s counsel are clearly distinguishable on facts and do not touch upon the requirement of obtaining Court bail by the accused person, which is the question proposed to be dealt in the present petition.(Para 16.)

Case:
Kajal Sengupta Vs. M/S. Ahlcon Ready Mix…

Citation:
CRL.M.C.1640/2011

Decided on 27 April, 2012, by Delhi High Court.
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Shared by:
ADV. MAHESH VASWANI,
MUMBAI.

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