Lalit (Engineer) 30 December 2008

Court summon under section 138

I have been living outside the country for more than 2 years. My neighbors informed me that I had received a summon from court under section 138 for non payment of cheque .

I had made a stop payment on the cheque because the company was not returning the cheque which was given on the pretext of security along with the a contract. After the contract became null and void the company failed to return the cheque and tried cashing the cheque.

now they have put a case in court under section 138 for stop payment of cheque.

Could you please advise what should i do, is it possible to file a reply by mail in mumbai courts.

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6 Replies

mahendra rai jain (advocate) 30 December 2008

complainenet u/s 138 negotiable instrument act. need physical presence of both the parties. in this matter plz call me at +919828136378

i assure i will solve your prob.

Sanjeev Tewatia (Advocate) 30 December 2008

Firstly present in the Hon'ble court on the date fixed by them and see which date is given/mentioned on the said cheque and then see on the said date where are you? and if you are having the copy of the said contract in pertext you gave the said cheque and any record of completion of the contarct present the same before the court.

You gave any letter to the said company for returning the said cheque after completion the contract if so then also present the same in the court.

Sushil Kumar Bhatia (Advocate) 30 December 2008

Dear,

In business contract a cheque issued against security,if dishonoured/bounced NOT AN OFFENCE U/S 138 OF NEGOTIABLE INSTRUMENT ACT ,as such case is not maintainable

AEJAZ AHMED (Legal Consultant/Lawyer) 30 December 2008

MR. LALIT,

The Present case, in which your neighbor received a summon, is a CRIMINAL CASE filed against you by the Company for the Offence U/s. 138 of N. I. Act. So, if you won't appear physically on the date of Summon, the concerned Magistrate will issue a NON BAILABLE WARRANT against you, if there is acknowledgement of received Summon in the Case File Records.

If, it is not possible for you to Physically appear before the concerned Magistrate on the date of Summon, then it is one of option for you, to appoint a Lawyer, send him a VAKALT FORM signed by you and attested by the Officer of Embassy, where you are staying presently. Further, ask your Lawyer to submit his Vakalt with Dispense With Petition U/S. 256 of Cr.P.C, on the date of Summon. For the First time on the date of appearance, Magistrate can consider your petition and accept the Vakalt of your Lawyer, but you must physically appear on the NEXT date date of adjournment.

So, do one thing appoint a Local Lawyer, where the case is filed by the Company against you and discuss the matter with him.

Rajeev S Vadrali (n/a) 30 December 2008

no u cannot reply by mail, ur personal presence is necessary to take a bail in the case. it is an criminal offence. u can challenge the procees in the high court, but it is waste normally high court does not entertain such applications