Section 138 - cheque stopped

Querist : Anonymous (Querist) 16 June 2010 This query is : Resolved
1. I had stopped a cheque as I did not believe it to be my liability.

2. Subsequently I received court summons where I appeared and pleaded not guilty.

3. I was asked by the court to appear on June 14th for next hearing.

4. I went to the court on June 14th and my matter was not listed.

5. Subsequently the officers in court checke d and gave me another date in July. I asked for the same in writing which they refused to provide.

6. Should I appear before the court again in July. Is it not necessary for the court to in writing give a date.

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VIJAY K. TEOTIA (Expert) 16 June 2010
if you have signed on the order sheet on which ist july is fixed, then you must appear on the date fixed. if you do not appear on fixed date court will issue summon. cour may also issue warrant in case if you have already put your appearence and on subsequent date you are abstaining from appearence. it is in your interest to appear on 1st july.

Raj Kumar Makkad (Expert) 16 June 2010
Had you not appeared in person, the court must have sent notice for the next date of hearing but as you have appeared therein so court is not obliged you provide you next date of hearing in writing.

Guest (Expert) 16 June 2010
KINDLY NOTE THAT ONLY FOR THE FIRST TIME WHEN CASE IS FILED AND PROCESS IS ISSUED,THE COURT WILL ISSUE SUMMONS TO THE ACCUSED.ONCE ACCUSED APPEARED IN COURT ON DATE MENTIONED ON SUMMONS THEN AS ACCUSED IS PRESENT BEFORE THE COURT THE NEXT DATE IS FIXED FOR HEARING IN PRESENCE OF COMPLAINENT AND ACCUSED AND OR THEIR ADVOCATES. COURT WILL NOT ISSUE FRESH SUMMONS FOR EACH DATE PLEASE NOTE.

IN YOUR CASE YOU PLEADED NOT GUILTY AND NEXT DATE WAS FIXED BUT MATTER WAS NOT ON BOARD, AND NEXT DATE OF JULY IS GIVEN TO YOU.
YOU HAVE TO BE CARE FUL AND CHECK WHETHER LAST DATE WAS ALREADY OVER AND YOUR ABSENCE WAS MARKED ON THAT. IN CASE THEY HAVE MARKED YOU AS ABSENT ON LAST DATE THERE MAY BE A WARRANT PLEASE NOTE.

YOUR ADVOCATE SHOULD CONFIRM THE FACT AND IF ANY WARRANT IS PENDING THEN APPLY FOR CANCELLATION OF WARRANT AND GET IT CANCELLED OR ELSE POLICE MAY ARREST YOU PLEASE NOTE.

THANKS.

Daksh (Expert) 16 June 2010
I fully concur with Mr.Nandkumar B Sawant.

Regards

Daksh

Sukhija (Expert) 22 June 2010
appoint an advocate and he can appear on behalf of u and file exemption in case u have any difficulty.

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