Harassment in ni act case
Arvind Shah
(Querist) 19 August 2015
This query is : Resolved
Dear Experts
If any one is a co-accused in a 138 cheque bounce case then what is the procedure after the cheque bounce happens.
Please guide me on procedural steps:
a) Summons issued by the court : Are they sent by registered post or by the police if so which police station.
b) If by the police then what is the role of the police personal during serving of notice.
c)Can the police arrest the person and if so what are the right of the person to be arrested under NI Act especially during serving of summons or notice.
d) Is it against the law for the accused person to know the name of the party who has filed a case of cheque bounce against him. In case it is not and if the police personal refuse to tell the details and insist on accompanying to a police station is the same legal.If the accused is not present at the place where the summons have been brought then can the police arrest any person associated with the accused found at the place like wife, children or parents.
e)Under what conditions of the Negotiable Act can the police detain any person.
Please help me out as I am facing a lot of harassment on the same.
Arvind
SAINATH DEVALLA
(Expert) 19 August 2015
U are saying summons are issued by the court ,but U are facing a lot of harassment,from whom.
Initially summons will be sent by post and if U reject them then the police will serve U the summons.
UR paragraphs a to e have no significance right now.
Arvind Shah
(Querist) 19 August 2015
I have made my self very clear in what I want to know.
What is insignificant, you have not answered my query sir. Request you to once again read them carefully and if possible respond.
Plz do so, else let it be unresolved for other experts to respond.
SAINATH DEVALLA
(Expert) 19 August 2015
U R presuming too many things to happen at this stage, which is still at the summons level.
Another thing is U have not clearly elaborated how U R A2 in the above case.
Arvind Shah
(Querist) 19 August 2015
I was an authorised signatory in company where I worked in 2011.
The company closed and the cheque issued by me as a authorised signatory bounced.
Now I stand accused with cops reaching my home and harassing my folks.
All the things I have mentioned above have happened with me with cops refusing to show me the details of the case and extorting money.
Hence I want to know the details as mentioned below.
Request u to guide me now on my query.
SAINATH DEVALLA
(Expert) 19 August 2015
Well, have U received the statutory notice?
The company is A1 and U being the signatory, would be representing the company.If U have received the notice can U provide the contents.
First answer to the above.
Arvind Shah
(Querist) 19 August 2015
I was not at home when cops came to give a notice/warrant/summon.
My wife made me speak to them and they asked to come to a police station without providing any details except it is a cheque bounce I have signed.
However the told my wife that I shall be arrested and all my property would be attached.
Also this is the first time I am in such a situation.
Also what is A1 and A2.
Now tell me what to do!
SAINATH DEVALLA
(Expert) 19 August 2015
When U had signed the company cheque as an employee, the company becomes Accused 1 and the signatory is A2.But the liability exists.As the matter has reached the police means the statutory notice and the summons sent by the court must have come back from the official address.
U have to accept the summons from the police or else they can arrest u and produce before the court.Once they present U in the court,U have to obtain bail by production of surieties.
Hence accept the summons from the police,pay them something and attend the court according to the date mentioned in the summons along with a lawyer.
R.K Nanda
(Expert) 19 August 2015
no more to add.
SAINATH DEVALLA
(Expert) 20 August 2015
As U have received requisite legal advice and the procedure to act,hence rely on UR local well versed in NI ACT and defend the case.Don't let it go beyond UR reach or else U may have to face the wrath of the ingredients of section 138,139 and 142 of the act.
Rajendra K Goyal
(Expert) 20 August 2015
Well advised by the expert, agree to it.
SAINATH DEVALLA
(Expert) 20 August 2015
I meant to say rely on UR local advocate,typing error.
Arvind Shah
(Querist) 20 August 2015
But I never received any summons before.Also why is the police not giving me contents of the notice or summons as you have said.
Is it my right to know the details of the summon.
How do I accept the summons.Should I visit the police station.
Guest
(Expert) 20 August 2015
Mr.R.K.Goyal your Certification of "Well Advised" would be Meaningful If Your Good Self would Provide the Clarification Sought In " Release Deed and Succession Certificate" Query Please.
