Summon u/s 138

Mr. Subojit,

information given by you is incomplet. we are assuming that u have received summon under section 138 of Negotiable Instrument Act. in that case u need to appear before court through your advocate. your plea will be notify.

u need not worry. beacuse proceedings under section 138 are very slow. i have seen the accused keep on taking dates from court for any reason like advocate it not there, advocate is changed etc. etc. years are passed but no result has come out.

kindly clarify the fact so that we can advice

mr. subhojit

if you received summon under section 138 of the negotiable instruments act then it is advisable to engage a good lawyer immediately to get the postive remedies in your favor or it will not be easy for you to get rid of the said case in the later stage. plz do not take the matter under section 138 of the n i act so lightly.

thanks

vijyant nigam

advocate

Thanks alot, yes ur assumption is right. can u add something more on this. Any suggestions?

If you are not in a salaried person then you can initiate proceeding under Provincial Insolvency Act which will provide you all important time and firmer  ground for negotiation

Thanks Sir.

but still i am running my business somehow to recover, does it will affect my business?

regards

Ok. is their is any time bound for not getting any sort of financial help and any contract or transaction with a person declared insolvent is void.

regards

thnks for ur concern, can u share more with the term "annulment" and "certain conditions".

regards

Dear Experts,

can settlement of this matter can be done in the court.

 In my view if u want 2 settle the matter send a settlement letter  2 the concerned bank through ur lawyer & ask 4 sum time 2 repay the amount...or tell them that u can pay certain % of the balance amount like 20% or 30% waiving the interets they charge......within sumtime......u may get  reply 4m their side.........engage a gud lawyer 4 this purpose....

Thanks for ur promt reply.

How much time i can buy after sending the settlement letter.

 well u can ask for 6 months time....depends on the bank......let them reply 2 ur letter and contact ur lawyer........if they try 2 contact u instead then ask them tat u will meet them with ur lawyer.....

 make sure it is send thrugh A/D card

thnks a lot.

Dear all,

First of all 138 NiI act is criminal proceedings so i don' whatever disscussed above i need not to eloborate this further.And i further on forum like this it is not advisable to advice like this for taking adjourments for not availabilty of advocate and all.

 First of all u have to appear and take the bail if there was legaly enforceble debt then u r binding to make the payment.It will be seen even only after the trial.