suresh suresh (auditor) 05 November 2016
hello sir a person filed a 138 case on me for stop payment of cheque, how to give reply i want to mke own hearing please give a guidence and court procedured and forms
Kumar Doab (FIN) 05 November 2016
It is sensitive matter.
Prefer to engage a very able counsel specializing in such matters.
If you owe money better to pay under proper acknowledgment, and close.
Sankaranarayanan (Advocate) 05 November 2016
better to seek a local lawyer and act accordingly
NANDKUMAR B SAWANT (ADVOCATE./LAWYER) 06 November 2016
KINDLY NOTE THAT.
1. A CASE IS ALREADY FILED IN COURT UNDER SEC. 138 OF N.I.ACT AGAINST YOU.
2. YOU MUST HAVE RECEIVED A COPY OF COMPLAINT AND SUMMONS OF COURT TO APPEAR ON NEXT DATE.
3. YOU HAVE TO APPEAR IN COURT ON NEXT DATE AND APPLY FOR BAIL AND SUBMIT SURETY DOCUMENTS AS PER BAIL ORDER. YOU HAVE TO TAKE SURETY PERSON WITH YOU IN COURT AS YOU NEED TO FURNISH SURETY DOCUMENTS IN COURT IMMEDIATELY.
4. AS IT IS A CRIMINAL CASE YOU HAVE TO CROSS EXAMINE THE COMPLAINANT WHEN HE FILES HIS AFFIDAVIT.
5.YOU CAN NOT FILE REPLY BUT ADVISIBLE TO FILA A DISCHARGE APPLICATION IN SAID CASE MENTIONING ALL FACTS AND DENY ALL ALLEGATIONS CLAIMS AND CHARGES OF COMPLAINANT.
6 IT IS A CRIMINAL CASE AND HENCE ADVISIBLE TO DEFEND THE CASE WITH THE HELP OF ADVOCATE PLEASE NOTE.
7GOOD LUCK.