Section 138 of negotiable instruments Act

Querist : Anonymous (Querist) 07 April 2010 This query is : Resolved
I had issued stop payment instructions on a cheque issued by me. Without sending me a notice as required by Section 138 of Negotiable Instruments Act, I have received a summon from Metropolitan Magistrate, 10th Court, Andheri, Mumbai asking me to appear in person before 20th Court, Mazgaon, Mumbai.

The letter has been posted at Girgaum Post Office and the complaint enclosed is not signed and the papers are not complete.

I would like to know the following:

1. Can Metropolitan Magistrate of 10th Court, Andheri ask me in person to appear before Metropolitan Magistrate of 20th Court, Mazgaon.

2. Why is the letter posted from Girgaum Post Office as the sender is Metropolitan Magistrate, Andheri

3. Why is the complaint not signed and all relevant papers not enclosed?

Please advise me as to what action I should take as I have not been issued a notice as required by Section 138

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SURESHKUMAR.S (Expert) 07 April 2010
Obviously if it is really a court summons, it is advisable to appear either in person or through advocate before the court.
For administration purposes, courts may be varied.
whatever, it is advisable to appear through advocate and if it is found no notice served on record, try the case and get acquittal.

Srinath Kondapally (Expert) 07 April 2010
if really the contents in ur query are existed in ur case definately u will win the case, any have first of all, u are under obligation to appear before such M.M.Court to answer the same and to submit ur version

Arvind Singh Chauhan (Expert) 07 April 2010
you should appear before court. complaint's Signature in copies is not necessary. About the notice as required by NI Act. I have to opine that go through the court file and check whether notice has been issued or not other wise court could not ignore such mistake. If really no notice has been issued and court have summoned without such notice. In this situation complaint is not maintainable, file revision against the cognizance order in DJ's court. Surely You will succeed.

Raj Kumar Makkad (Expert) 07 April 2010
I do agree with all experts who expressed their opinions here.

Querist : Anonymous (Querist) 08 April 2010
Kindly let me know as to

a) Will the magistrate provide to me copies of the signed complaint on the first day of apperance?

b) What is the normal time by the magistrate for passing a judgment for cases registered u/s 138