Section 138, power of attorney and evidence of complainant

KINDLY NOTE THAT IN N.I.ACT.SEC.138 CASES , POLICE IS LIMITED TO ONLY SERVICE OF SUMMONS AND IN CASE ACCUSED REMAINS ABSENT ON COURT DATE AFTER SERVICE OF SUMMONS THEN ONLY WARRANT IS SENT TO POLICE STATION TO PRODUCE ACCUSED IN COURT.

BUT IT IS OBSERVED IN SEVERAL CASES THAT ACCUSED PERSONS ARE HARASSED BY CONCERNED PERSONS WHO ARE DIRECTED TO SERVE NOTICE/WARRANT.

HENCE IT IS ADVISIBLE THAT ACCUSED SHOULD NOT BE AFRAID OF THIS COURT CASE AND REGULARLY ATTEND COURT DATES SO THAT WARRANT WILL NOT BE ISSUED AND FURTHER UNNECESSARY HARASSMENT WILL BE PREVENTED.

KINDLY NOTE THAT OFFENCE UNDER SECTION 138 OF N.I.ACT IS A BAILABLE OFFENCE AS THE PUNISHMENT PROVIDED FOR  SAID OFFENCE IS TWO YEARS.

Thanks for your views. My queries were from the complainant side. Kindly help me on those.

Regards,

S V

Trial Courts are proceeding with NI cases against the guidelines laid:

These cases are to be tried out summarily:

1. Examination of complainant / Witness and taking on record evidence in the form of affidavit.

2. Cross examination of complainant / witness by accused.

3. Defense evidence.

4. Judgement.

But courts are carrying out full blown summon trial in all the cases, giving dates after dates and it takes 5-7 years even at trial court level. No one is bothered about  suffering on either side. Supreme Court is printing papers after papers but doing nothing to impart training to lower court judges, it is shocking that a regulatory offence like cheque bounce takes 5-7 years, it shows utter incomptence. 

Sir,

Your mother can execute a general power of attorney in your favour by using the stamp paper of the place where she resides. Your mother has to give evidence before the court that she has executed the GPA in your favour and the permission must be sought from the court for getting you appointed as the Power holder.

First of all you try to get the NBW executed by moving the police. After his apearance the copies will be served to him and a formal charge wil be framed. Then the rial will proceed.

If you prefer to get the case settled through LOK ADALAT you file  a petition u/s 20 Legal Services Authorities Act and the case will be transferred to lok adalath where you can negotiate with your debtor andget the money.