Regarding cheque dishonoured case due to stop payment

Well you have not mentioned anything regarding the cheque date, Bank where it was deposited and when it bounced, cheque amount and when was the demand  notice received by you. You must have been issed summons through court. You have not even mentioned that. Kindly mention these details first

unless you give full details of your case it is not possible to give correct advice.. So pl give full details of your case.

Thanks for your reply and Sorry for delay....

Presently I am continuing with the same person without presented in the court just taking a next dates...

Kindly find the details which were required...

The cheque which were given was undated (but signed) and given in Sep-2015 and the same has been Stopped for payment by me at my SBI bank branch in May-2016.

He presented the cheque on 20 oct 2016 with amount on it 5.0 lacs to his bank (not the SBI) which was returned from my bank due to the STOP Check (cheque is not bounced).

Than I recieved the notice in december-2016 which were not received as I left the place after that in Feb-17 I got the summons through the court which were received by my old Landlord and he informed me too. After that I did not recieve any summons only the dates that were attended by the lawyer only.

During both the month I was not in the city and was present on duty.

Kindly guide me in the matter, so that I can do something

Have you engaged a lawyer and did he go to the court with your vakalatnama? If you have not engaged a lawyer and you do not present yourself before the court, an arrest warrant can be issued against you. You present yourself before the court and take bail and get permission of the court for not presenting personally during future hearings. You can give all arguments in your favour before the court either on your own or through your lawyer.in due course.

Thanks for your reply and Sorry for delay....

Presently I am continuing with the same person without presented in the court just taking a next dates...

Kindly find the details which were required...

The cheque which were given was undated (but signed) and given in Sep-2015 and the same has been Stopped for payment by me at my SBI bank branch in May-2016.

He presented the cheque on 20 oct 2016 with amount on it 5.0 lacs to his bank (not the SBI) which was returned from my bank due to the STOP Check (cheque is not bounced).

Than I recieved the notice in december-2016 which were not received as I left the place after that in Feb-17 I got the summons through the court which were received by my old Landlord and he informed me too. After that I did not recieve any summons only the dates that were attended by the lawyer only.

During both the month I was not in the city and was present on duty.

Kindly guide me in the matter, so that I can do something

When you say, your "lawyer is not clearig the things" to you, how strong you stand and if it is a real problem, you can very well imagine yourself that your stand is quite weak, as not you, but your lawyer has to stand on your behalf to defend your case.

If your lawyer is not clearing the things, you have the dire need to change him without any delay. Change the lawyer. That much you can do. Otherwise, even if your stand is strong, nobody can guarantee winning of your case due to him only. 

Originally posted by : Garv
	Thanks for your reply and Sorry for delay.... Presently I am continuing with the same person without presented in the court just taking a next dates... Kindly find the details which were required... The cheque which were given was undated (but signed) and given in Sep-2015 and the same has been Stopped for payment by me at my SBI bank branch in May-2016. He presented the cheque on 20 oct 2016 with amount on it 5.0 lacs to his bank (not the SBI) which was returned from my bank due to the STOP Check (cheque is not bounced). Than I recieved the notice in december-2016 which were not received as I left the place after that in Feb-17 I got the summons through the court which were received by my old Landlord and he informed me too. After that I did not recieve any summons only the dates that were attended by the lawyer only. During both the month I was not in the city and was present on duty. Kindly guide me in the matter, so that I can do something

To me it seems a good academic exercise to test the knowledge of law students, not a personal problem.

Anyway, can you attach here a scanned copy of the the stop payment letter duly acknowledged by your banker?

Your statements give the impression that you are not giving the matter the seriousness that it deserves. You state

“I got the summons through the court which were received by my old Landlord and he informed me too.”

Did your old landlord only inform you or did he pass on the summons and attached documents to you. Have you yourself read the summons and the attached documents. Did you see what exactly was stated in the lawyer notice and what exactly is the submission of the complainant to the court?  Do they match, or are there discrepancies? As the complainant is telling lie, most property the two documents will not match and you should catch upon that also.

You are also saying

“Now my lawyer is not clearig the things to me”

“Presently I am continuing with the same person without presented in the court just taking a next dates.”

It appears that your lawyer is not communicating with you properly. You do not know what is going on in the court. Still you are leaving things to the lawyer. In this matter even a good case can be lost. You should apply yourself personally to the case. If necessary you must attend the court yourself.