Hello sir,
I am facing trial under 138 case. The complainant has filled complaint under s.138 for cheque biuncing in which he has made me and my partner and firm as accused. I am staying at andhra and the case is filled at Borivali, Mumbai.
I have already filled my plea by affidavit but since the advocate stated that the other partner has not appeared and hence the same could not be taken on record.
There is collusion between the other partner and complainant and therefore inspite of taking warrant against him complainant is not executing the same against him.
I have also tendered the exemption application for permananet exemption but the same is pending since plea is not recorded and every time I have to come all the way from the Andhra.
I say that i have no role to play but it is for either complainat to file evidence or to other partner to give his plea.
Kindly advice me as to what I can do, I can not remain present on each and every date as the amount involved is only 50000/-.
further the complainant wants to discharge the complaint against other partner as earlier he has promissed to him to make his part of payment. can he do this ?
