Section 138 ni act, cheque bouncing case

gajender (Querist) 11 January 2018 This query is : Resolved
Hello,
I have filed against respondent for cheque bouncing case who resides in another state and has not responded to two summons from court.
Can I via RTI application ask for FIR copy from respective police station thru' which court has summoned the respondent. to know the status.

How to make the respondent appear in court.

Please advise

Follow Query

Report Abuse

Dr J C Vashista (Expert) 14 January 2018
As an advocate, you should be aware "NO" FIR is lodged for a complaint case u/s 138 of the Negotiable Instruments Act, 1881

Guest (Expert) 14 January 2018
Normally the Court would issue Non Bailable Warrant for non appearance of the Respondent/Defendant in Sec 138 cases.The Warrants would be directed to the Concerned State's Police Head Office and thro them it will be sent to concerned Police of other state where the Respondent resides.So you have to wait and should not involve your self in this.The status would be known in the next hearing and let your Advocate check the present status in court.

Dr J C Vashista (Expert) 15 January 2018
I agree with expert advise of Mr NJS Rajkumar.
The trial court shall issue NBW in the first instance after disobedience of duly served BW irrespective of the fact that the accused reside in any corner of the country.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now