138 ni act
Manoj Kumar Jain
(Querist) 19 April 2013
This query is : Resolved
I have received a cheque from my client. Due to dishonour of cheque, I have filed case u/s138 NI Act against my customer. Accused did not replied notice, no appearence on behalf of summon. After issue BW accused released on bail. Now accused did not filing his reply and get adjournment on false story through his lawyer. Magistrate accept his adjournment filed by his lawyer every time. Magistrate accept his more than 10 adjournment out of 18 dates after bail. I attended court on every date but accused attended only 2 dates till out of 18 dates yet. I think my cheque amount will be waste on fighting case. What can I do against his adjournment. Please suggest me.
Raj Kumar Makkad
(Expert) 19 April 2013
There is no requirement of the reply of the accused in criminal case. You need to lead your evidence. Tel your lawyer to insist for your evidence on the next date of hearing the lawyer of the accused shall cross-examine you and then your evidence shall get closed and the charge shall be imposed upon him.
