Cheque bounce case
Querist :
Anonymous
(Querist) 18 July 2024
This query is : Resolved
I had given money to my friend and he gave me a cheque which is bounced, the cheque bounce case is going on from 18 months and recently he asked for a settlement and hearing was held in Lok Adalat in Bangalore, but Accused did not come for the hearing, my next hearing is in the next month what can I ask my lawyer, will there be any judgment given, since accused is not attending the court and the case is dragging, my lawyer is telling me it will take more time and I have to come for the hearings to settle the matter, but till date I was never cross examined. Please advise what should I ask my lawyer to do, is he not dealing the case effectively, as I have been attending all the hearings, without missing it as told by my lawyer.
T. Kalaiselvan, Advocate
(Expert) 18 July 2024
If you suspect the integrity of your lawyer yo can change the lawyer.
As he is not turning up before court, you can very well ask the court to close his evidence of cross examination and post the matter for final argument, if he is not turning up before court continuously and there is no representation by his lawyer then you can ask the court to issue a bailable warrant to arrest him
Querist :
Anonymous
(Querist) 19 July 2024
Advocate Kalaiselvan, thank you for your response, will definitely do the same as advised.
Advocate M.Bhadra
(Expert) 19 July 2024
file an application for an ad-interim order U/SEC. 143A OF the N.I. ACT direct the accused to pay 20 % of cheque amount before starting evidence. You can also file an application for speedy disposal of the case.
Querist :
Anonymous
(Querist) 19 July 2024
Thank you for the advice Advocate M.Bhadra.
P. Venu
(Expert) 22 July 2024
What do you mean by ".................. accused is not attending the court and the case is dragging........?
Is it that summons have not been served on the accused?
What is the Case No.? Which Court? Which State?
Querist :
Anonymous
(Querist) 22 July 2024
Advocate P Venu, the summons is served, but the accused has not come for the settlement to Lok Adalat after pleading for the settlement, and also has not come for many hearings in last 18 months.
P. Venu
(Expert) 22 July 2024
The accused cannot be legally bound to settle the issue either in the adalat or in the court. If there is no chance for settlement, onus rests with the complainant to lead the evidence to prove his case through regular trial.
