Summon under section 138
ANSHUL
(Querist) 01 May 2010
This query is : Resolved
I had to make a payment of Rs. 1560/- to my bankers for which I had issued a cheque. But the cheque bounced for insufficient funds. I have received a summon under section 138. What to do now? Can I pay the dues to the bank now before the next date of hearing in the court; as I do not wish to appear in the court.
Can the case be withdrawn now? I want to settle the matter out of the court,
Please guide me in the matter.
A V Vishal
(Expert) 01 May 2010
Interesting for Rs.1560/- you have received a summon u/s. 138, did not you receive the notice from your banker before getting the summon?
ANSHUL
(Querist) 01 May 2010
Dear Vishal,
Obiviously, the summon was served after the notice only
A V Vishal
(Expert) 01 May 2010
So whey didn't the payment made when the notice was served.
ANSHUL
(Querist) 01 May 2010
Sir, that is the past. Kindly guide me in the present situation.
Arvind Singh Chauhan
(Expert) 01 May 2010
If you pay to the bank the due amount and bank wishes, Case can be dismissed in default if the complainant do not proceed ahead and doesn't appear before court.
A V Vishal
(Expert) 01 May 2010
You can prepare a DD for the amount along with the necessary lawyer fee and present it before the court by your lawyer and ask for condonation. I think the banker will be unwilling if you approach directly, however, you may try your luck.
Parveen Kr. Aggarwal
(Expert) 01 May 2010
You may approach the bank officers and ask them the amount at which they can settle the matter and if they accede to your request pay the amount. The bank will get the complaint dismissed.
G. ARAVINTHAN
(Expert) 02 May 2010
better to get statement of account from the bank and appear through an advocate on the hearing date
Guest
(Expert) 02 May 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE SUMMONS ISSUED TO YOU UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT KINDLY NOTE THAT.
1.YOU HAVE TO BE SERIOUS AND BE CAREFUL AND TAKE LEGAL ADVISE, DO NOT TAKE ANY CHANCES AS YOU MAY SPOIL YOUR CASE AND WILL BE LIABLE FOR PUNISHMENT AS PER THE PROVISIONS OF N.I.ACT.
2.KINDLY NOTE THAT THIS IS A CRIMINAL CASE FILE IN COURT UNDER SECTION 138 OF N.I.ACT.
3 YOU DO NOT HAVE ANY OPTION BUT TO APPEAR IN THE COURT ON DATE WRITEN ON THE SUMMONS AND FURNISH SURETY ALONG WITH ALL NECESSARY DOCUMENTS FOR BAIL.
4.KINDLY NOTE THAT EVEN IF YOU PAY FULL AMOUNT OF CHEQUE, THERE ARE CASES THE ACCUSED IS IMPRISONED.
5.HENCE BE SERIOUS AND FIRST SUBMIT SURETY IN COURT ON SUMMONS DATE .IT IS A BAILABLE OFFENCE AND YOU WILL BE IMMEDIATELY RELEASED ON BAIL.
6.THEN YOU MAY TALK TO BANK AUTHORITIES AND SUBMIT JOINT APPLICATION IN THE COURT FOR COMPOUNDING (COMPROMISING) THE COMPLAINT CASE IN THE COURT.
7.IN CASE BANK LAWYER SUBMITS APPLICATION IN THE COURT FOR WIDRAWAL OF THE CASE THEN ON SAME DAY YOU MAY MAKE THE PAYMENT OF AMOUNT AS PER COMPROMISE IN THE COURT AND THEN UP ON HEARING BOTH THE LAWYERS ,COURT MAY ALLOW TO COMPOUND THE COMPLAINT AND THEN WILL ACQUIT YOU.
8BUT KINDLY NOTE THAT UNLESS YOU ARE VERY MUCH SURE THAT OTHER SIDE IS SINCERE TO COMPROMISE THE CASE YOU SHOULD NOT ADMIT THE EXACT AMOUNT OF CHEQUE,AS IN CASE DENIAL BY OTHER SIDE AFTER RECEIVING THE PAYMENT, YOU HAVE VERY LESS DEFENCE AND MAY INVITE TROUBLE AND GET PUNISHMENT.PLEASE NOTE.
YOU MAY WRITE AND SEND DETAILS FOR ANY FURTHER HELP.
THANKS.
Silabhadra Sastry Advocate
(Expert) 02 May 2010
Mr.Ansul I am agreed with Mr.Nandkumar,but instead of going on bail by furnishing bail bond and surety thre is other alternative.You contact your local Lawyer and ask him to file a petition u/s 205 of Cr.P.C. for dispensing your personal appearance in court, which will serve your purpose in court.Then you may negotiate with the bank and pay the cheque amount if you have the liability,then ask your advocate to convince the bank Lawyer to withdraw the complaint case u/s 257 of Cr.P.C. Silabhadra Sastry,Advocate,Bhubaneswar,Odisha.Email- shastry.adv@gmail.com
Krishnamurthy Ramdas Iyer
(Expert) 03 May 2010
Appear in court >>obtain bail bond>>settle with bank and ensure they compound the offence
