Bounced cheque
Om Prakash Dhusia
(Querist) 15 December 2010
This query is : Resolved
I was issued a cheque for Rs 1 lakh in the year 1999,by a person of Kerala state whereas I belong to U.P.The cheque was dishonoured and I filed a case under Instrument of Nogotiable Act at Lucknow.However proceedings were initiated but since I was away from India, my advocate boasted of many actions, however nothing happened and the file was closed.The problem is that my advocate is not forthcoming for information on the subject.
What if I would want to start afresh?
What if the Kerala police would not be handy to execute the court orders of UP.
Kindly suggest.
adv. rajeev ( rajoo )
(Expert) 15 December 2010
File is closed means your complaint is dismissed for want of prosecution. When it is dismissed you don,t know, within 30 days of the dismissal of the complaint you will have to file a revision petition at HIgh Court to get restore the dismissed complaint.
adv. rajeev ( rajoo )
(Expert) 15 December 2010
Or your complaint might have dismissed for not taking proper steps to serve the summons to the accused.
Om Prakash Dhusia
(Querist) 15 December 2010
The reason for every thing is,that I was not in India for being working abroad and neither I am aware of the status of the case because my lawyer was fooling around.I just want to know whether I would be able to restore that case after such a long gap or not.
Serving summon is the duty of the court or the applicant?
Uma parameswaran
(Expert) 15 December 2010
Check the date of dismissal order and file revision petition .
O. Mahalakshmi
(Expert) 15 December 2010
It is better to go revision petition through an advocate basing on the date of disposal of complaint.
Guest
(Expert) 15 December 2010
Besides losing criminal action u/s.138 of N.I. Act, you have also lost civil right of recovery of money. You have simply gone out of India and start earning lakhs and not following up with your advocate, then you have no right to blame your advocate. It is also your (complainant) duty to follow the contemplated Court procedure and co-operate with your Advocate in attending Court for giving evidences, etc., in the Open Court. If it is not done, the Court will not wait for you and keep your complaints pending, till you return to India. It is not uncommon for many of our Indians to scrupulously follow/obey Rules and Regulations at abroad but take procedures lightly when it comes to our land. Your advocate would not have only your case for him in his daily profession.
ashish lal
(Expert) 15 December 2010
Agree with Mr. Shashi but still file a revision.
Om Prakash Dhusia
(Querist) 16 December 2010
Mr.Gurunarayan Rao.Thanks for your advise but sir haven,t you gone personnel?Everyone has the legal right to earn not only lakhs but millions. Does that mean he should not think of his 1 lakh? This was a hard earned money and if my advocate was a fool who never bothered to suggest me and on every date he was only demanding money and me being away of my motherland, was this not his duty? wherein it is a general practice everywhere that clients mortgage their life in those some fools who bring bad name to this honorable community of lawyers.Do you think that all the lawyers are worthy?Do you know my lawyer was mesmerizing me into believe that the defaulter would be brought to Lucknow Court even if he is at Moon?Your message smack of regionalism.Come on Rao be Indian and not just south Indian.
Advocate. Arunagiri
(Expert) 16 December 2010
Just south Indian... I strongly object this.
Author you can not say that.
You can ask your query. We are helping you by sharing our knowledge and spending time for that.
If you have any complaint on a particular advocate, there is a legal remedy. Give a complaint before the BCI.
You have every right to change the advocate, when your advocate is not cooperating.
You have not done so. You have only a minimal chance for Revision.
Om Prakash Dhusia
(Querist) 17 December 2010
Thanks, Advocate Mr.Arunagiri,I went little overboard and feel sorry for my outburst but his comments on my earnings enraged me.I am very thanksful for all your support, rendered to helpless people like us.
To conclude, I knew that I have lost my case but still there is always dimmer of light in the world.We as human beings live on hope.
Thanks to you all,"Lawyers community at large"
