Sec 138
PATHAR-VINE
(Querist) 30 June 2014
This query is : Resolved
My lawyer has informed me of his inability to argue my case under Sec 138 cheque bouncing . I am petitioner in above case .
1] Should the judge be informed of lawyer withdrawal . Whats the procedure ?
2] My case started from April 2013 has proceeded till issue of Bailable warrant issued in Feb 2014 . Till April 2014 police report was awaited . We requested court to issue non-bailable warrant . Court said to wait for more time for report till July 2014 !!
3] Can I argue the next proceedings henceforth without lawyer with available documents ??
ajay sethi
(Expert) 30 June 2014
ask for adjournment to engage another lawyer
PATHAR-VINE
(Querist) 30 June 2014
Is lawyer mandatory . As I am finding lawyer cost very much . My amt is Rs 330000 and till now I have spend Rs 100000 for legal fight !!
PATHAR-VINE
(Querist) 30 June 2014
Can I argue the next proceedings henceforth without lawyer with available documents ??
ajay sethi
(Expert) 30 June 2014
it is not necessary to engage a lawyer if you can fight your case on your own . you ought to have filed summary suit . cheque bouncing cases go on for 5 years
PATHAR-VINE
(Querist) 30 June 2014
I am waiting for appropriate guidance still
PATHAR-VINE
(Querist) 30 June 2014
Agreed that the case go on for years . Then if lawyer is there will it do good if accused does not respond till date
My case started from April 2013 has proceeded till issue of Bailable warrant issued in Feb 2014 . Till April 2014 police report was awaited . We requested court to issue non-bailable warrant . Court said to wait for more time for report till July 2014 !!
PATHAR-VINE
(Querist) 30 June 2014
Honourable Sir
This is to request to have your help in a cheque bouncing case under Sec 138 . The problem I am facing is that the the accused residing at Chinchwad was avoiding Summons to be hand-served by Honourable Chinchwad Police Station by some or other means which issued by Honourable Kalyan Court .
Somehow the summons was served by Courier by our advocate and the Honourable Kalyan court issued Bailable Warrant against accused - the service of same by Honourable court to Honourable Chinchwad Police Station. We are still awaiting Report from Honourable Chinchwad Police Station to the Kalyan Court . The accused remains absent from home in day time is that we are aware of but still reside in same area .
On searching Court Site on internet I found 2 more cases against the accused at Honourable Chinchwad Court in a cheque bouncing case under Sec 138 . I expect that that the accused should be further tried by clubbing all this cheque bouncing case under Sec 138 and guilty be brought to Law of Court .
I have regrets to say that the accused was my colleague in Engg studies in Year 1990's . We came to know each other in Year 2011 and was hence unaware of in-between history of my ( Industrialist ) colleague of money cheating . Based on our earlier friendship faith I lended INR 330000 . The accused had asked money to pay urgent govt tax money she being in some Business problems .
PATHAR-VINE
(Querist) 30 June 2014
I am waiting for appropriate guidance still
Nadeem Qureshi
(Expert) 01 July 2014
Dear Querist
if you think that you are able to fight the case and appear before the court in-person then it is your fundamental right and no need to engage any lawyer. but if you are unable then engage another lawyer.
V R SHROFF
(Expert) 01 July 2014
ENGAGE ANOTHER LAWYER.
R Trivedi
(Expert) 01 July 2014
You are an engineering graduate and you are the complainant. The case is filed and initial formality like your affidavit etc is on record, now your major role will come at the time of cross examination. Get back to this forum if you face any problem.
It is always better to have a good lawyer, but if you cannot, then move an application to the court that you would contest your case in person. If accused does not appear then court is bound to issue NBW against him, just ensure that his address is proper. You can always draw the attention of the court to other pending cases against accused under S.138 on the next date and seek NBW if he does not appear.
PATHAR-VINE
(Querist) 01 July 2014
Nadeem and Trivedi
Thanks for the counselling theme and clear guidance by Mr Trivedi .
Regards
T. Kalaiselvan, Advocate
(Expert) 03 July 2014
The experts above have properly addressed your query, now it is you who have to think about proceeding with the case. If you decide about fighting the case as party in person, you may take the help of an advocate for the incidentals or can approach this portal for guidance or engage another good lawyer.
