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deepak (system admn)     03 September 2017

138 cheque bounce,wrongly name summoned ND warrant

I Rani kamboj divorce my husband in Nov 2016which I had applied in May 2016 wth mutual consent I was residing separately by past 2 year,my ex husband was fraud he deal wth medicine company ND use my signed cheque which I left behind wth all my luggage at time of dispute.oct 2016 I came to know by Asi police that I need to speak to the court as I indulge in some cheque bounce case but I didn't got my summon my ex gave my mobile no. to police.i confused ND just rush to court ND applied bail wth my name Rani kamboj.i got bail I then got married in Dec 2016. Than I went to next hearing ND came to know that case was registered as complainant vs Ravi kamboj. I applied all certified document wth bail order where judge mention (He) in order.i didn't appear to next hearing as m not guilty. Came to know by some source that Warrent issue again to Ravi kamboj, WT Shd I DO? I totally innocent,complaint doesn't even know my name how I got deal wth him complainant said in complaint that I along wth my husband deal wth him. I were residing separately by past two years mentioned in divorce judgement. ND case files by complainant in August 2016,and I applied divorce may2016 3month before. Complainant use cheque on July 15 2016 and date mention on cheque 15 July 2016


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 12 Replies

ADVOCATE NITIN KAPOOR (Advocate)     03 September 2017

Hi, 

     At the very outset, you need to move the application before the Hon'ble Court for the cancellation of warrants issued against you. Thereafter,  you shall contest your case and always attend each and every the court hearing. 

Regards,

ADVOCATE NITIN KAPOOR

Mob: 8800692624

deepak (system admn)     03 September 2017

But I haven't received Warrant as I'm residing wth new address of my husband, and when I got bail before ,I mention my new husband name and address still I didn't get any Warrent till now..so for application to cancel Warrent wd I need to hv warrant? Or I can process otherwise.. And I didn't hv lawyer I want to pursue my case on my own. Bcoz prev lawyer didn't told me of wrong name in summoned ND insist me for bail.i shd not take bail before

ADVOCATE NITIN KAPOOR (Advocate)     03 September 2017

See if your sure that warrant is there then move application as early as possible. As far as name is concerned, it might be some typographical error which doesnt discharge you from your liability as accused. Yes you may move application at your own also. Regards, ADVOCATE NITIN KAPOOR Mob. 8800692624

deepak (system admn)     03 September 2017

Than for information,it is not typographical error bcoz complainant notice wth wrong name as he doesn't know me, he jst interpret name by sign on cheque case admit as ravi kamboj vs complainant

Siddharth Srivastava (Advocate)     03 September 2017

File application for cancellation of warrant and contest you case. You seem to have good case. Case papers are required to be examined. Sidharth 9811776422

R Trivedi (advocate.dma@gmail.com)     03 September 2017

If it is xyz Vs Ravi Kamboj and the magistrate has used 'he' and you did not receive the notice, then why did you go for bail? Since you have the papers please read the complaint and let us know what the complainant says about Ravi Kamboj in his complaint. The falsehood will be clear from that. If the warrant is for Ravi Kamboj the he, then police cannot touch you.

R Trivedi (advocate.dma@gmail.com)     03 September 2017

Do not file any application as yet, the notice was sent to Ravi Kamboj, not to you, complaint is in the name of Ravi Kamboj not you. Complaint and affidavit also will be talking about male Ravi Kamboj not female Rani Kamboj. So do not self goal any further.

deepak (system admn)     03 September 2017

To Mr. Trivediji complainant gave notice as Smt. Ravi kamboj w/o ex husband at previous address to which I got bail as I came to know by ASI police to avoid my complication in new marriage held in Dec 2016 I get bail as Rani kamboj. But in bail order judge mention that He grant bail...

R Trivedi (advocate.dma@gmail.com)     04 September 2017

See, now the clear picture has emerged. You have to contest the case, one of your defense would be that you never received the cheque.

R Trivedi (advocate.dma@gmail.com)     04 September 2017

In above post pl read...notice in place of cheque.

deepak (system admn)     04 September 2017

I never received cheque? Sir pls elobrate

R Trivedi (advocate.dma@gmail.com)     04 September 2017

Corrected above : you did not receive notice...

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