Case filed under 138 cheque bounce

ashok k rao (Querist) 18 March 2024 This query is : Resolved
Hello,
I filed a cheque bounce case of Rs.2 lakhs in Feb 2021 pertaining to refund of my property booking amount which I had paid online from Bangalore to Hubli and the owner withdrew full amount from bank and closed the account and sold the property to another buyer. For almost 12-15 months even after getting notices from Court he did not turn up for taking bail. He came later and without serving notice to my advocate managed to get bail and ran away and again not seen for 2 years. Court issued 9 NBWs and Arrest warrants. On 26th Feb 24, case advanced from 29-4-2024 he came without any notice to my advocate took date and disappeared. I have been given Rs.300 payment orders as complainant by Hon Court. I wonder if such things are permitted by Hon Courts that one accused is escaping so many notices/NBWs/Arrest Warrants. The case is posted for PW-1 CROSS and my advocate do not yet received any intimation from Court/opposite party. I prayed to the Hon Judge to order Ex parte previous date, but did not get orders. My advocate is also in a fix to explain to me. Kindly advise what next for me.

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Quick Summary

This discussion concerns a cheque bounce case filed in February 2021 for a Rs. 2 lakh property booking refund. The accused has repeatedly evaded court proceedings, failing to appear for bail and warrants for over two years. Despite multiple arrest warrants, the accused managed to obtain bail without proper notice to the complainant's advocate and has since disappeared again. The complainant is seeking advice on how to proceed, as their advocate is also unsure of the next steps given the accused's evasive tactics and the court's actions.

T. Kalaiselvan, Advocate (Expert) 18 March 2024
This appears to be a practical issue.
It is not possible for the court to grant him permission to recall the warrant issued on him without the NOC or consent of the complainant.
Probably your advocate was not available or he did not show any interest when the court had entertained the petition filed by the accused.
You enquire into the details and if you feel your advocate is not cooperating or not following up the case properly you can even think about changing the lawyer.
No suggestions can be made to the practical issues because it is not known what has happened neither it can be understood that whether the case posted for cross examination has been posted for the said business or not.
Alternately you can contact any advocate of this forum or outside with relevant details and obtain a personal advise on all such further issues

adv. rajeev ( rajoo ) (Expert) 13 May 2026
It is the fate of the Criminal Case u/s 138 of NI Act. That's why I suggest my clients to file civil suit along with criminal case.

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