Legal Question in Business Law in India

sir, I had taken some material from a company against the Chaques and resale the material further. unfortunately I was cheated and did not get my payment from my client. so i was not able to make the payment.

I discussed with compay to repay amount in EMI. But it was declined, now they filed the case under 138 for which i got legal notice of their layer. Now Plz tell me wheather offence is ballable or not and can I get the permission from court to pay the amount in EMI.


Asked on 8/29/09, 2:07 am

2 Answers from Attorneys

Offence is non bailable but if you will hire a good lawyer then you will get Anticipatory bail and ufcourse if you are ready to pay then court may make the instalments.

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Answered on 8/29/09, 2:46 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

this is a bailable offence and you will get the bail as of right. you need to furnish a surety with a bail bond and for that you need to take help of a lawyer. you may ask the court to be lenient enough to let you pay through flexible EMIs.

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Answered on 8/29/09, 1:03 pm


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