Summons NI138

firstly u have to tell dat whether the cheque was present for encashment within 6 months of issue?

secondly whether you were srved the notice within 30 days of dishonor report from the bank?

n as per my knowledge your sister might be competent to receive summon n since it being a complaint case ur presense in d court at every case is mandatory.

  I do respect your response; everything has completed according to the law and the time frame only, but currently my advocate is saying he can make an plea for 205 to transfer that case to my jurisdiction, because whatever is happened with me that was registered with my judiciary, is it possible to transfer that case to our earlier court or a higher court like, High Court, I know that is a complaint but I have an earlier complaint against her in my jurisdiction.  Can I get a chance to pale for section 205, in my pale I have written that I have life risk in their court, where she has made the complaint , I have ample of evidence to prove that’s why she has left the earlier court and made the current complaint in their home town,

Could u please tell me what are the section would be charged to me if i am not able to attend the said court and they reject my pale for 205, because I am out of station.  Can they issue a Warrant against me, is there any way to protect myself.  

Dear Mr.Jena, were u under any legal obligation to pay the money? A very essence of 138 NI Act is that there must be an legal obligation. Another important thing is that the case under s.138 must be filed within 1 month of the notice. Concentrate on these two points and prepare your defences. And about your sister receiving the summons, there is no issue. She can receive summons. Please try to remain present at the trial in the court in person and if not possible appoint somebody through power of attorney.

Sir,                         I differ at this point, A ltd, co. its' director can get the stay on any ground,

why he can not get,? seconfly, He is not served, thridly, legal notice is replied, however he can get stay from higher up court, also- he can quote neeta bhalla v/s sms pharmaceutical ltd,case ref-  Bcoz judicary acn not punhish a shadow of a person who is not involved directly,? isn't sir,

Legal will answer,it.

thanks

 

 

If U have issued the cheque against discharging any liability on ur part ..... and thereafter if u have filed police complaint .... then i doubt whether it would prove helpful or not in ur defence .... First and foremost no one issues a cheque just like that to anybody ...... so u will be put to test as to why the cheque was issued ........

U also state that there were talks of some settlement but then the other person intentionally got the cheque dishonoured and filed case .... seems there are some liability on ur part ..... well if u do not attend court ..... there could be a warrant against u ..... if u are positive /confident that there is no liability on ur part ..... and u can prove the same before the court .... then u may contest the matter .... otherwise settle the matter by paying the cheque amount or any amount which both of u agree to ..... offence is punishable with imprisonment for a term which may extend upto 2 years max or with fine which may extend to twice the cheque amount or with both.

Pl. see whether the complainant has compled with all mandatory provisions prior to filing of complaint ... it's very important .... there could be chance ..... and do see the jurisdiction also.

 No, there was no liabilities from me to pay, there was some family problem, one day they have kidnapped me on my office way and taken some of my important documents along with some signed cheque which I was signed for cash withdrawal for my office petty cash, they have taken that opportunity  and made this mistake.

 

I have informed my family through SMS, when they kidnapped me and my brother had made a complaint against them, so police arrested them and their family steel the matter by giving an undertaking. Then the matter was closed but by mistake we left a cheque with them, when I remembered that and asked them regarding,  then they said they do not have any cheque, when I founded a cheque is missing, I have immediately made another complaint against them and collect  the police report. After four months they have deposited the cheque and then above drama were happened. I have ample of evidence to prove them fraud.  

And there is no base to compete the case in current court, when the case is already in another court,

My question is whether I’ll get 205 concessions or not.

plz tell us you want your case from which place to which place.

First you also have to apper before that court and then approah to the High court for transfer fo case.

Regards

CrPC 205 IS ALLOWED AFTER ISt APPEARANCE ,CB CASES ARE QUSI CRIMINAL&CIVIL IN NATURE .  

The main object of the section 138 of the said act is to inculcate faith in the efficacy of banking operations and credibility in transacting business on negotiable instruments.

U CAN APPROACH HC FOR TRANSFER AS WELL AS DISPENSING FROM PERSONAL APPEARANCE UNDER CrPC 205.

 Yah, you are right, but i am not in the citi, i am out of station,

Can be it possible through my advocate for CrPC 205  

 

 

 

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 Yah, you are right, but i am not in the citi, i am out of station,

Can be it possible through my advocate for CrPC 205  

 

 

 

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Is there any other way to plea for CrPC 205 

 

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YES YOU CAN APPROACH THROUGH UR ADVOCTE TO HIGH COURT BY SENDING GPA TO SOME ONE NEAR/DEAR OR SIGNG VAKALAT, HC NO PESONSL APPEARANCE NEEDED.

dispensing with personal attendance of the accused in a case is a discretionary power of the Magistrate ..... he may or he may not .... depending upon the circumstances of the case ...... In your case U will have to attend the Court once .... whilst making the Application u/s - 205 & since it's a 138 case .... there are chances of ur application being accepted till ur presence is necessary before the court.

Dear Jena, as u've already stated that the magistrate has already rejected your application u/s 205 of Cr.P.C. I feel that u shud prefer an appeal against that order in the respective High Court. And since u say that u were under no obligation to pay them any money, it is their tension to prove that u were under a legal obligation to pay them and accordingly u've issued the said cheque. You just have to defend yourself saying that they have taken that cheque by force. I think today was the date for your case... What happened today?