Time lapsed to deposit in session court

651 votes

In a Sessions Court in India, the standard time limit to deposit a fine or compensation amount (such as the 20% interim deposit under Section 148 of the Negotiable Instruments Act or conditional bail orders) is 60 days from the date of the order, with a possible extension of up to 30 more days (total 90 days) if the court grants it upon showing sufficient cause

Advocate Dhanalakshmi U LawRato

522 votes

Going absconding is strongly ill-advised. While the police cannot legally arrest your family members, the trial court can issue a Proclamation declaring you an absconder under Section 82 CrPC (Section 84 BNSS), followed by Attachment of Property under Section 83 CrPC (Section 85 BNSS). This can lead to police seizing movable property at your residential address, causing direct hardship and distress to your family. ​Instead of evading law enforcement, you should immediately file an application before the Sessions Court under Section 148 of the Negotiable Instruments Act. Explain your genuine financial hardship and pray for a short extension or permission to deposit the mandatory 20% amount in manageable instalments. ​Simultaneously, move an application for Recall of Warrant before the Trial Court under Section 70(2) CrPC (Section 73(2) BNSS). Submitting this along with a partial deposit or demand draft demonstrates your bona fide intention and willingness to comply with court directives. ​If the lower courts refuse relief, you can approach the High Court by filing a petition under Section 482 CrPC (Section 528 BNSS). You can seek a stay on the execution of the warrant while undertaking to deposit the required 20% amount within a specified time frame.

Advocate Praveenkumar S LawRato

606 votes

Dear Sir Absconding and evading court warrants is a serious offense that will severely aggravate your legal trouble. The police can visit your home to execute the warrant, which will cause distress and harassment to your family members. Furthermore, if you go absconding, the court can initiate proclamation proceedings and declare you a proclaimed offender, leading to the attachment and forfeiture of your personal and family properties. ​Instead of hiding, you should immediately approach the court through your advocate to seek an extension of time or file an urgent application to recall or stay the execution of the warrant while offering to deposit the required amount or a partial payment. Evading law enforcement only leads to non-bailable warrants, immediate arrest, and additional criminal charges for obstructing justice.

Advocate Kishan Dutt Kalaskar LawRato