On cheque bounce
Gopinath
(Querist) 31 July 2012
This query is : Resolved
on a cheque bounce case filed by me, the court had issued bailable warrant to the accused. The warrant was also executed. but the accused had made his appearance only once to the court. For more than a year, the accused does not comes to court. His counsel seeks adjournment and presents petition. What is the next step to bring the accused to court for a trial, when he is in bailable condition...
V R SHROFF
(Expert) 31 July 2012
was PLEA recorded??
If YES: , you file your Affidavit & apply to expedite the matter. Also apply No Bailable Warrant against accused. NBW WILL BRING ACCUSED TO COURT, & YOU START PROCEEDING TO HURRY UP.
Strongly Object any Adjournment Appli.Demand heavy COST for any further Pet/ adj appli/
If PLEA not recorded, Apply NBW
SAINATH DEVALLA
(Expert) 31 July 2012
Dear Gopinath,
The opp.lawyer will always try to prolong the case,untill it is dragged towards the accused advantage.You say since more than one year the accused is not attending physically,hence questioning would not have been done.But is the Magistrate not demanding to produce surity for the accused absence or else you can demand for surity and costs for every absence. If all these things have not happened go as per the advice of Mr.Shroff.
Guest
(Expert) 31 July 2012
Apply for Non-Bailable Warrant against the accused,strenuously resist any move to further adjourn the case, and demand exemplary cost for any further adjournment.
