Under section 138 ni act
prash
(Querist) 20 January 2018
This query is : Resolved
sir we have filed a cheque bounce case on a borrower.but he has changed his address before we file the case and not receiving notice. this is happened since 6months . nobody are attending court both complainant and accused . court has mentioned 1 last call in the last proccedings as per ecourts info. what will happen does it will serve warrant against accused or what action court will take. as the accused is not available to intimate we are also not attending court since 6 months.
Adv. Yogen Kakade
(Expert) 20 January 2018
Apply for substitute services with the help of your lawyer.
prash
(Querist) 20 January 2018
Sir what are substitute services. ... elaborate plz
Susmita
(Expert) 20 January 2018
Mr. Prash. If you will not appear or your lawyer will not appear, the case will be dismissed. So atleast complainant must appear before the Court in dates fixed.
Yes, You can pray for substituted service through lawyer. It means the court will allow you to publish notice in local news papers so that, notice can be issued to the accused.
Guest
(Expert) 20 January 2018
Seems to be a hypothetical query.
prash
(Querist) 21 January 2018
thank you all for your valuable time and suggestions . we will attended and pray for substitute service.
T. Kalaiselvan, Advocate
(Expert) 28 January 2018
It becomes the duty of the complainant to attend the court, he cannot abstain from court hearing just because the accused is not traceable.
In fact it is the duty of the complainant to trace out the accused and his new address.
If the complainant is not attending the court continuously then the court may even dismiss the complaint.
Hemant Agarwal
(Expert) 31 January 2018
1. IT is the liability of the Complainant to attend it own case, else the case CAN be disposed /dismissed off, for default of complainant.
2. IF the accused is not traceable, THEN move application to keep the case as "dormant file" till the accused is traced on record. The case CANNOT proceed, even after substitute service, to absence of accused.
Keep Smiling .... Hemant Agarwal
