How to defend NI-138 Part-2
The procedure to be followed by the courts in NI-138 is the summary procedure as established in s.260-s.265 CrPC. As the expeditious trial of such cases is necessary.As the summons are duly served to the accused. The accused on the first day of appearance.
1. Furnish the bail bond.
2. Can request mediation.
Then after the first and on the subsequent hearings The accused has to plea either guilty or not guilty under 251 Crpc. If he pleads guilty he would stand convicted. If he pleads not guilty then he has to lead a concrete defense. He has to plead how the offense is not made under 138 Ni Act. Here it is recommended do not save your defense strategy.
Nitish Banka is an advocate practicing in Supreme Court of India and can be reached at [email protected] or 9891549997
