Sec 138

Originally posted by : Dixit Shah
	I have filed the complain under sec 138 against 4 partners.Now the stage had come that court had issued arrest warrants against 2 partners.Based on which My Advocats is of the opinion that when police will go to arrest them they will offer them bribe and won't appear in the court and this thing will continue for a long time that out of 4 some will appear and some partners won't.. POLICE HAVE TO SUBMIT ITS REPORT TO THE COURT. Now my Advocate is saying to drop 2 person from the case and let the case be continued on the other 2 has signed on the post dated cheques so that the case will move fast and there will be quick decision. DONOT DROP ANY PERSON FROM THE CASE  , IT WILL MAKE UR CASE WEAK. My querry is that if we drop the 2 persons and if those 2 has some asset in their name then can we get their asset attached if the court give the decision in my favour or their assets won't be attached since we have dropped both the partners.? Also now how long will the court take to give the decision?

 From ur Query it seems that it is Partership Firm.

u have sue the partership firm n not individual partner.

in partnership firm all partner r equally liable.

i donot know why ur LAWYER is advicing u to drop case against 2 partner .

If the cheque had been issued  by partnership firm then each partner is liable and responsible for the consequences of cheque bouncing so don't drop any partner. Police has to obey the court order and has to arrest all partners you can also file civil recovery suit against firm and it's partners and get atteched the property of firm or it's partner before judgment of case u/order 38 rule 5 of cpc.. 

Respected Sir,

In addition to above advise, the partners who are not being arrested, can be got declared absconded u/s 82 CRpc and their assests can be attached u/s 83 CRPC.

Thanks 2B Helpfull for your quick response.

By your answer one more querry has stuck to mind that how can the case become weak if we drop 2 partners .Also one more querry as how long will this case take as i am very much harrassed by getting dates after dates.

Regards

Dixit Shah

Thanks Mr Bhartesh,

It is because of well wishers like you i can come to know how to proceed further.

Regards

Dixit Shah

1) If you have not made the firm as first accused and only partners as accused than your case is weak.

2) All partners are jointly liable in civil cases , in criminal cases you have to show the specific role of other partners otherwise case will not stand against them. your advocate is right.

You can file a petition before the Court for to serve the notice through Advocate commissioner.  Once the court gives the permission, you can accompany the Advocate commissioner and show the absconding partners' place where they usually stays either it may be house, office, club, park, restaurant etc.  Thus, you can serve the notice quickly and easily.  Once the notice is served you can relax, inspite of receipt of notice, if they wont attend the court, NBW will be issued against them. 

I have filed the complain under sec 138 against 4 partners.Court had issued NBW to 2 partners ,3rd got bail and the 4th appeared in the court.Now on the previous hearing that was on 24th Oct the court had asked whether the police had received the NBW as the 2 accused stay at surat .I gave the court the proof that the surat police had received the NBW on 1st Oct based on which the court had told the police to submit the report.My querry is that

• how long will it take for the police to present them in the court?
• Do the police also take bribe from the accused and delay the case by not presenting them?
• Can i ask the judge to atleast start the case  on  the partner who is present in the court?
• Is it compulsory that all four of them had to appear together?
• If yes then all 4 would never come together unless the court strictly orders them to come together on a particular date and how long will the court take to issue such order as its been 4 years and we are getting only dates?
• My Lawyer is again of the view to drop 2 persons whose signature are not there on the cheque to move the case faster,As he says that in this case recovery is not there only jail term is there and the accused agree to pay because he doesn't want to go to jail?
• Generally how long the case takes to reach to its justice in sec 138?
• Is there any fast track court where i can move my case so that i can get the result fast?
• Can i also file a civil recovery suit against the partners as suggested by my well wisher Advocate Bhartesh Goyal?If yes then how long will this case also take as i am already facing the long duration problem under sec 138?
• After getting the Judgement can the partners appeal to session court and then high court and beyond that supreme court?
• How long it takes by the session court to let us know whether the appeal is accepted or rejected and vice versa in high court and supreme court?
• If accepted then how much would be the duration to get justice from each of the three levels i.e Session court and then high court and beyond that supreme court? 
• Who will bear the Court charges?
• Also is there any additional penalty which the accussed has to pay to drag the case duration by appealing at higher level of courts in case the decision is not in favour of the accussed?