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hariom@786   07 August 2015

What can i do if i missed attend court summon under 138ni

How i can find my next court date. because summon date was 3rd of august which i missed due to illness and i have no any contact details of anyone. please suggest how i can find next date. and recovery team asking me for settelment also. can i settle this? and after settlement case will close automaticaly or i will receive another summon too. i am not knowing about legal procedding please help me.



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 4 Replies

saravanan s (legal advisor)     07 August 2015

you can appear for the summon date.138 nia is a compoundable offence.so if arrive at a compromise by settling the amount the same should be brought to the notice of the court

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     07 August 2015

You do not want to give details of what is your case and you want answers here. As you speak of recovery team I presume it is a bank or similar institution to whom you may have given post-dated cheques one or more of which would have bounced. Please remember NI-138 is applicable only to cheque bouncing cases and not for recovery of any other kind of debts. If you had missed a summons, you can go to the court and ask the concerned clerk there, giving your case number,  about the next hearing. It may be displayed on the notice board also. As you did not attend summons once, you may be given another chance and you may receive fresh summons also. If you want to settle the issue with your creditors, you can do that. After you settle the issue with the party you can give a joint application to the court withdrawing the case.

adv. rajeev ( rajoo ) (practicing advocate)     08 August 2015

If you failed to attend the court on the day fixed for appearnace, court will issue NBW.  You can check it with court diary.

If matter is settled complainant will have to withdraw the case.

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     23 August 2015

You should appear before court for which you need help of a law year but after taking bail you should accept the setlement proposal.


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