Pending cases in court
GURVINDER SACHDEV
(Querist) 03 January 2012
This query is : Resolved
Sir First and foremost WISHING EVERYONE AT LAWYERSCLUBINDIA A VERY HAPPY AND PROSPEROUS NEW YEAR , GOD BLESS ALL
Sir ,
1) does writing behind the cheque we issue to anyone like details for which it is being given against any emi and or it being part of any o/s amount or against any court case hold any significance at all
2)How Can we as individual inform the courts that pmts against a particular case has been made and request a stay on the proceedings
as advocates out here in ludhiana say that a NBW cannot be stayed and one has to first go for a bail
Pls reply
regds
gurvinder sachdev
also pls tell me how to remain on the same feed if i want to ask questions further against the replies i receive
thks
0
ajay sethi
(Expert) 03 January 2012
yes it would be significant it would show if cheque has been issued for debt due and paybale . if cheque is issued towards maintenace or EMI it would show the reasons for issue of cheque
if you have made payments you must have acknowledgements from complainant regarding receipt of payment .
court wont stay proceedings . it is upto complainant to withdraw compalint . you can make application for compounding
GURVINDER SACHDEV
(Querist) 04 January 2012
Thank you Ajay ji how does one make an application for compounding my point is how does one bring to the notice of the Judge that pmt related to that particular case has been made without the threat or fear of an arrest
ajay sethi
(Expert) 04 January 2012
appoint a local lawyer . he will do the needful
GURVINDER SACHDEV
(Querist) 04 January 2012
local lawyer says one has to come to court and get bail first and then only one can proceed i do not have any one local to give me bail then what
ajay sethi
(Expert) 04 January 2012
your problem is you dont want to spend on legal fees . you have made payment but complainant has not withdrawn the case . you have to engage a lawyer and appear in court
Deepak Nair
(Expert) 04 January 2012
Yes. Act as advised by the lawyer.
You have to be physically present before the court to cancel the NBW or to obtain bail. If you fail to do so, then you will be arrested and produced before the court by the Police.
GURVINDER SACHDEV
(Querist) 04 January 2012
first i am not trying to save any fees is it not obligatory on the complainants part to cancel the suit once the pmt of that particular chq has been recd in my case it is the Banks , they have been taking pmts and not informing the court of the pmts they have recd or of any settlement and pmt recd after settlement in fact they donot mention any such case pending in the settlement letter
so i was just trying to know is there a way out whereby we can produce the receipts etc before the date in court so that the judge could be made aware of any such receipts / settlement
prabhakar singh
(Expert) 04 January 2012
not possible for you to sail the boat without a sailor;engage a lawyer.
GURVINDER SACHDEV
(Querist) 05 January 2012
ok i get the point that i am suppossed to have a lawyer but what i am trying to get at is that is it not obligatory for banks / financial institutions to inform the courts about pmts being recd meaning to say is it fair they do not let any summons reach you and all of a sudden they come up with a NBW can i not file a suit of harrassment for such an harsh recovery and using courts in a manner so as to recover their money harshly the whole thing seems unjust agreed i have delayed defaulted in my emi but such a process is not fair
regds
gurvinder thanks to all for their replies
Raj Kumar Makkad
(Expert) 08 January 2012
You have every right to protect you as well as law of natural justice is available for you vide which you should be given sufficient time to be heard patiently.
M/s. Y-not legal services
(Expert) 05 January 2012
