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summon under NIA Sec.138

(Querist) 13 October 2008 This query is : Resolved 
Dear Sir, M’m
Good Evening
How to issue summon under sec 138(NIA)
The fact of the matter is that our client received cheque of Rs.3,00,000 from the party. The cheque was dishonored by the bank and having endorsement that account is closed. At the time of issuing the cheque, the account was not closed but at the time of depositing the said cheque with the bank the party’s account was closed. Now party is not traceable. The party left the town. We inquired about his whereabouts but address is found but he is not living there. PlZ. let me know how V should proceed further.
If it is convenient to u pl. inform us immediately.
Thanx
deepak kumar (Expert) 14 October 2008
if the party is not traceable send the legal notice to the address that was given to your client/Bank. If no reply is received by you then go forward and file the case. After issuance of warrant it would be the duty of police to trace him and bring him to justice.
salilkumarp (Expert) 14 October 2008
in most of the cases, it is seen that pol;ice constables entrusted with the duty of arresting the accused, in furtherance of a warrant from court,fails to execute it,some times , due to negligence, or some times by taking illicit grattification from the accused.
in such cases, what should a complainant should do ?
Rasik Dagli (Expert) 14 October 2008
You can make an application to the court, in which your complaint is pending, to issue Summons by public notice in the news paper having wide circulation at the location where the accused was last residing or was carrying on business.
Adv.Shine Thomas (Expert) 14 October 2008
Dear Rekha,
Don't worry.Cheque is the instrument of Bank. When the party close the account, the Bank should clarify and received back the unused cheques issued to him.There should be some explanation.
Therefore issue notice in the address given to the Bank and file case U/S 138 of NI Act and also should file case aganist the man U/S 420 IPC before the police station. Both cases will stand.
Shyam Ji Srivastava (Expert) 14 October 2008
Dear Rekha

I am agreed with the view of Shine Thomas. In addition to this Iwant to tell you that if police avoiding the registratiopn of the case you can directly file complaint case in the concerned court.
Shyam Ji Srivastava
Advocate
deepak kumar (Expert) 15 October 2008
the account was closed after issuance of cheque.


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