returned cheque
satish
(Querist) 06 November 2009
This query is : Resolved
RESPECTED SIRS ,
I HAVE SERVED A NOTICE TO THE PARTY FOR RETURNED CHEQUE u\s 138 AND ALSO WANT TO FILE A CASE AGAINST HIM AS I FEEL THAT HE HAS NOT TAKEN THE NOTICE SERIOUSLY AND WILL ALSO NOT APPEAR IN THE COURT FOR THE SAME ,THOUGH HE HAS A GOOD BUSINESS BUT HE DOES NOT SEEM TO PAY MY DUES .I AM FROM MUMBAI AND THE PARTY IS FROM KERALA.I WANT TO KNOW WHAT HAPPENS IF HE DOES NOT ACCEPT THE SUMMONS OR HE DOES NOT APPEAR IN THE COURT ON THE SAID DATE ,EVEN IF A WARRANT IS ISSUED AGAINST HIM AND HE IS NOT PRESENT WHAT CAN I DO .DOES THE COURT GIVE ANOTHER DATE OF 4 TO 5 MONTHS TO PRESENT HIM IN COURT ,AND ALSO PLEASE GUIDE ME IF THE PARTY KEEPS ON DOING THE SAME THING AT EVERY DATE WHAT SHALL I DO.
THANKING YOU.
A V Vishal
(Expert) 06 November 2009
Follow all steps which are legally required. You have to wait until the proceedings begin, you are presuming a lot and look disillussioned. After the proceedings start only then the correct legal process can be advised.
adv. rajeev ( rajoo )
(Expert) 06 November 2009
if summons will not serve on him, then issue summons to regd., a.d. paying the necessary postage charges to the court.
even after service of notice he remained absent then pay the process fee to issue NBW thru., the superintendent of police o his dist.,
Even in case of non exeuction of NBW u take the summons by hand or thru., local PSI, then take 2 policeman with u and go to his place police will do the rest of things, they will produce him before the court.
Raj Kumar Makkad
(Expert) 06 November 2009
You think all things prior to filing of the complaint and seem very confused. Take action first and follow instructions of your lawyer stepwise as per procedure of court. The experts have already described the detailed procedure is such cases.
bhupender sharma
(Expert) 07 November 2009
Mr. satish if summons are served on him to teh satisfaction of the court then warrant is to be issued and thereafter the non bailable warrant will be issued.
