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MOHAMED RAFI (Secretary)     28 September 2011

Summons under 138 ni act

My friend recived a notice from the court to appear before it to answer charges under 138 NI Act.

The case year was mentioned as 2009 and no notice of any kind was recieved by him regrading the same during these three years at the address where he is residing since the last thirty five years.

Can Court issue summons in such cases where there was no such notice served?

What remedy I have ? I s it a false case foisted?

Kindy  Help

 



Learning

 12 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     28 September 2011

Dear Mohhamad Rafi

Summons send via court whenever it is not received by other party, appear before hon'ble court and get complaint copy of the same and check what the matter and cheque issued by your friend or not. after that feel free to call me any time on my mob 9953809956 or write me on my mail nadeemqureshi1@gmail.com

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     28 September 2011

yes the notice can be sent to your new address which must have been provided by the party.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     28 September 2011

Junior advocates handling NI138 CASES cam seek advice by sening all papers.

We also need associates who are well  versed with procedure in courts at following places now+

1) JULLUNDER  in Punjab and

2) WARRANGAL in Andhra pradesh.

Pl contace with your contact details.

Sankaranarayanan (Advocate)     28 September 2011

first you approch the court and receive the complaint from the same.then find .what reason the delay been happned.

1 Like

Anil Agrawal (Retired)     29 September 2011

Have you received summons only without a copy of the complaint?

MOHAMED RAFI (Secretary)     29 September 2011

No notice of any kind was recived by me.Remember I am staying in the same building since the last 35 years.

All of sudden Ihave recived a summons to appear before the Hon.Court.

MOHAMED RAFI (Secretary)     29 September 2011

Dear Nadeem

Thanks for the reply.Yes I agree summmons are sent when notices are not received by the party.

And as we know there is a intimation prcedure by the postal authorities when the adressee is un vailable and nothing of that sort has happened.

And this CC no filing date is mentioned of the year 2009.

I have not issued any cheque to anyone nor do i have any kind of buisness relationship in the place where now the summons issuing court have jurisdiction.

I doubt the mischief of a lady (kerala)as  her husband here in Bangalore had cheated me of money and later he issued a cheque to me which was later dishonored and a case was filed before the CMM here in Bangalore by me under NI act.The case is in the evidence stage now.

After I filed the case against her husband this lady used to file many false and frivelous  case against me here in Bangalore in which she was not succesful and recenlty the Hon.HighCourt Karnataka granted a stay in this regard in one such case.
Later she went to Kerala and filed a false case against me with the local police and the then Hon.Commsioner of Police  when they verified the matter the police came to know the truth behind it as she was attempting to fix a crimina case against me.
Not keeping quite she again approached the court at Kerala  and filed a complaint case accusing me of defemation.
When we got the certified copy of the defemation case we were surprised to find the speed at which the case was advanced at very short date intervals and my advocate was of the opinion that this could have not happened without any Influnce. She as we found out later was a realtive of Retired Judge.


Anil Agrawal (Retired)     29 September 2011

Sending a notice by accepted means at the last known address by registered post A.D.is the legal requirement. Whether or not you received it (house locked, out of station, intimation given, not found ec.)have no meaning. If you have received the summons, the complaint would also contain the A.D. card showing why the notice was not served on you.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     29 September 2011

attend the court and defend the case since now summons has been issued.

Regarding RAFI above there must be some transections than only such cases are possible.

MOHAMED RAFI (Secretary)     03 October 2011

My Dear JSDN

You did not understand my question!

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     05 October 2011

ok thanks for the compliment.

MOHAMED RAFI (Secretary)     12 October 2011

Dear Friends

I have verified the said notice and it was by mistake they have mentioned summons under 138 NI.!

It was pertaining to a defemation case.

Since the attitude of the complainant was always to wreck vengenace on me by filing many  frivelous complaints since I lodged a complaint agintsher husaband this notice did surpise me!

After tryingher luck many times in Bangalore she had gone to Kerala and filed defemation case against me just to harass me.

For recovery of 6 lakhs I have already spent morethan one lakh plus the running araound and many false cases against me!

Kaash...I listened to my wife who told me when that guy cheated me ,that forget the money think that ghar me chor guske poora legaya ..woman do have prenominations of the future.!

Thanks every body who gave me all the good suggestions.


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