Cheque bounce case

had u sent notice as per the provision of s. 138 of N.I. Act

Hi Nutan,

Many thanks for your reply.

Yes, I hav sent notice on 4-11-2011 as per the provision of s. 138 of N.I. Act to his office address and house address. However, he received the notice at office on 5-11-2011, but rejected at house.

Till now he did not come back to us to discuss. As he did not receive the notice at home, will it create problem to me. He received at office only.

Now I have to file case on him on coming wednesday. As he has rejected at home, will he tell them like he is not aware of the notice.

Here is my question, how much percentage that I can win the case and what could be the maximum duration to finish the case. I am planning to travel USA on March 2012, Will this case create problem to my travel.

His wife took the money and written the bond, but I took the cheque from her husband. Will he fight in the court like I did not give money to him. Please advice how can I go further.

Dear Ranjit,

Apparently the cheque given by the husband of the lady debtor is not in discharge of his legally enforceable debt/ liability which he will try to prove during the trial and that too at the defence witness stage. Also note that once process is issued(summons to accused) there is no scope of dropping/discharge so if the case ultimately fails that should be after completion of the entire trail. So just fight it out.

Initial there should not be any problem with the service of notice since it may served at any of the addresses of the accused, in this case the husband, who issued the cheque. Refusal to accept notice will also be deemed to be a valid service so you need not worry.

Expedite the matter as far as possible and get your evidence done before March, 2012 thereafter your Advocate can always file petitions for condoning your absence and the matter will very well proceed in your absence.

The key to winning the matter is fighting it out and keeping your spirits high. Dont forget to get your self a good counsel. 

Hi Chatterjee,

Thanks for your reply!!!

From your reply I understood that her husband may try to prove that he did not take money from me. In that scenerios, could you please tell me whether section 138 will be applicable or not. So will he escape with this point.

In addtion, you cited that, once I file the case, even I also will not be in position to cancel / withdraw the case.

As I already cited, I am travelling to USA for 1 year on L1 Visa. Thus, I will not be available after March 2012.

In this scenerio, could you please guide me, Whether I can win the case or not. If I cannot win the case, Its really waste for me to file the case.

Thus, If you would be so kind, please explain me all the scenerios like positive and negatives in the case in order to win / lose.

Thanks kinldy in advance.

Ranjit Kumar K

Dear Mr Kumar,

Please note that dropping/discharge is w.r.t to the accused therefore if desired the matter may at any point of time be withdrawn at the discreation of the complainant i.e. you u/s. 257 Cr.P.C.

The husband will try to take this point which is what you need to fight out...once a cheque is issued it is presumed that the same is in discharge of legal liability u/s. 139 N.I. Act but the presumption is rebuttable by the accused. So, fail to understand as to why are you wondering whether the matter u/s. 138 is maintainable or not. Its absolutely applicable.

I understand that you will not be available after march, 2012 that is why I advised you to request your lawyer to get your evidence completed by then. I already specified that complainant's absent petition may be filed at any stage of the proceeding so you need not appear on every date save and except when it is fixed for your evidence and the proceeding may be taken forward without your personal appearance before the Ld. Court.

It is a very premature stage to comment on your winning/loosing the matter more so since I have not gone through any scratch of your papers and documents. 

Regards,

Arindam Chatterjee

Dear Chatterjee,

Thanks for your reply.

I have filed a case on November25th and the Judge has given the next date on January 19th.

My question is, On January 19th atleast will the accused husband come to the court or not. If he dont come what should I do.

If he come what will be discussion normally on that day.

Please guide me

Thanks

Ranjit Kumar K 

Why so hurry , there will be dates and dates.

the delays are inordinate in Indian courts.

No use. They did not call me and also i think they did not send the summon to the accused person.

Lawyer told me that they transfered my case to MOBILE COURT.

So, they did not give the next appearance date.

Could you please guide me like is there any use to me by shifting the case to MOBILE court. So, can they wind up the case ASAP.

Please tell me what is the main reason for shifting my case to MOBILE COURT.

Well it depends on what duration the mobile court visits your area.

Keep in touch with your lawyer for the same.

To shonee

"the delays are inordinate in Indian courts."

Then improove..... kyu itna slow hai?????

Till now No improvment in my case. Neither Husband nor his wife attended the court. 

Judge has given two times Non Bailable warrant to them. Then also, Police are not showing any interest to arrest them. 

What should I do. Should I ask my lawyer to meet police and ask to arrest them.  I am totally in confusion state. Almost 8 months completed,. But no use.

Please guide me what should we do if police dont arrest them even the judge has given non bailable warrants for two times.

If you would bee so kind, does anyone of you provide answer for the below query:

Till now No improvment in my case. Neither Husband nor his wife attended the court. 

Judge has given two times Non Bailable warrant to them. Then also, Police are not showing any interest to arrest them. 

What should I do. Should I ask my lawyer to meet police and ask to arrest them.  I am totally in confusion state. Almost 8 months completed,. But no use.

Please guide me what should we do if police dont arrest them even the judge has given non bailable warrants for two times.

1. First of all based on your information, you should maintain that the husband issued the cheque in order to clear the liability of the wife. This kind of issueing cheques for others liability falls under NI Act. 

2. Secondly there cannot be any case againt wife, so question of NBW does not arise against her.

3. If NBW is issued against husband, and as you have stated earleir that he is a government employee, take the NBW order copy from the court and show it his seniors or send it to concerened department head.

4. Just remember, an ordinary citizen cannot run away from NBW.