Property Shop 21 July 2021

It's possible to manage 138 cheque bounce case without lawye

It's blank cheque misused issues. Lenders deposit cheque of fake amount of Rs .2 lacs and file case against my Friend in March 2021. My friend shifted to new place in 2019 and lender already know but he don't know the address but he have friend mobile number. After bounce he send legal notice to old address but friend didn't know when lender send him legal notice or any court notice. Friend doesn't aware of Case that is ongoing in court. After notification from Police on call he came to know. Now after checking online case status. It's show two date missed and status as "SUMMON READY" and next date is 31 July.

My friend is poor as his financial condition is worse since 2019. Now he has to visit on next date ?? and can he manage case by own without lawyer ?? And how he can apply for bail by self. ?? Because he can't afford lawyer because of his worse financial situation.

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Dr J C Vashista (Advocate) 22 July 2021

Originally posted by : Property Shop
	It's blank cheque misused issues. Lenders deposit cheque of fake amount of Rs .2 lacs and file case against my Friend in March 2021. My friend shifted to new place in 2019 and lender already know but he don't know the address but he have friend mobile number. After bounce he send legal notice to old address but friend didn't know when lender send him legal notice or any court notice. Friend doesn't aware of Case that is ongoing in court. After notification from Police on call he came to know. Now after checking online case status. It's show two date missed and status as "SUMMON READY" and next date is 31 July. My friend is poor as his financial condition is worse since 2019. Now he has to visit on next date ?? and can he manage case by own without lawyer ?? And how he can apply for bail by self. ?? Because he can't afford lawyer because of his worse financial situation.

Mr./ Mrs Property Shop,

Is it your personal problem for consideration and obligation of experts on this platform ?

What is your concern / locus standi ?

How can a business person unable to afford to engage lawyer, unbelievable ?

Let your friend discuss and sort out the problem with complainant amicably.

Your friend (the accused) will have to appear before the Court and explain his /her problem.

G.L.N. Prasad (Retired employee.) 22 July 2021

Please understand the fact that Sec.138 cases are dismissed in very rare cases only and the drawers always received such orders against them. First, let him appear before the court and pray before the court his position. In most cheque bounce cases, the excuses are similar and the court is aware of the tactics. Now the courts are being blamed for the long pendency of cheque bounce cases for these types of excuses when the fundamental is that the drawer should keep enough balance, respond for the notice, or commence compromise before the cheque is presented.