Re: Issue of Summons

ESTHERPRIYA (Querist) 08 May 2010 This query is : Resolved
Dear Experts

My client received summons from Guragoan, Haryana Court along with petition and she is a lady and suffering from uterus disorders. Hence i advised her to take a dd for the cheque amount and asked my junior to go to gurgaon court to close the criminal complaint filed by a bank for a single emi amount. The hearing is posted before Hon'ble Judge Shri Mukesh toady and it is a special court. But the judge never accepted the dd nor closed the petition instead asked us to convince the bank officials or else judge will issue B/W against the accused. Is it permissible in law? wat is the procedure followed in such courts? Is there any advocate in that court who can help me in the next hearing?
Kindly give ur contact details too?

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Virender Pankaj (Expert) 08 May 2010
The Court is right and can issue B/W, if the accused did not appear before the Court. Your client should approach the Bank and settled the matter amicably by tendering/depositing the dd with the condition for withdrawal of the complaint by the bank from the Court. The complainant has only right to withdraw the complaint from the Court and by tendering the dd by the accused or its representative in the Court the complaint cannot be disposed off.

Guest (Expert) 08 May 2010
THE CASE SEEMS TO BE FILED UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT.
INITIALY SUMMONS IS ISSUED AND ACCUSED HAS TO APPEAR BEFORE THE COURT AND PRAY FOR BAIL BY FURNISHING SURETY.
IN CASE ACCUSED IS ABSENT THEN BAILABLE WARRANT IS ISSUED TO PRODUCE ACCUSED BEFORE COURT.
KINDLY NOTE THAT NEVER ADMIT THE EXACT AMOUNT OF CHEQUE AS IN ANY CRIMINAL CASE ADMISSION OF CHARGES AND CRIME, NEXT STAGE IS OF PUNISHMENT.
KINDLY NOTE THAT N.I.ACT 138 CASES ARE COMPOUNDABLE AND COMPLAINT CAN COMPROMISE THE CASE BY SUBMITING APPLICATION TO THE COURT AND WITH PERMISSION OF THE COURT THE CASE CAN BE WIDRAWN.
KINDLY NOTE THAT MERELY MAKING PAYMENT OF CHEQUE AMOUNT WILL NOT DISCHARGE ACCUSED FROM THE CASE UNLESS COMPLAINENT SUBMITS APPLICATION FOR COMPOUNDING THE SAME AS MENTIONED ABOVE.
YOU MAY WRITE OR CALL FOR FURTHER HELP
THANKS.

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

a.manoharan (Expert) 08 May 2010
i think yours case is 138, N.I.Act. it is punishable offense and not recovery suit. execution of warrant from other states will take usually and practically long time and expensive,Further, the complainant is Bank. they will not spend any money for police people , if not big amount. By then , try to compromise the case with the Bank with the condition of withdrawal of complainant.

Parveen Kr. Aggarwal (Expert) 10 May 2010
The court has acted in accordance with law as a criminal complaint under section 138 of the Negotiable Instruments Act is compoundable for which the complainant must agree. You should negotiate with the bank officials and should compound the matter. Once the complainant bank makes a statement in the court that the matter has been compromised the case will be closed.

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