ashok k rao
19 March 2024 at 09:18
Case filed under 138 cheque bounce
(further to the expert advise from Mr. T. Kalaiselvan, Advocate (Expert) 18 March 2024)
Hello, I filed a cheque bounce case of Rs.2 lakhs in Feb 2021 pertaining to refund of my property booking amount which I had paid online from Bangalore to Hubli and the owner withdrew full amount from bank and closed the account and sold the property to another buyer. For almost 12-15 months even after getting notices from Court he did not turn up for taking bail. He came later and without serving notice to my advocate managed to get bail and ran away and again not seen for 2 years. Court issued 9 NBWs and Arrest warrants. On 26th Feb 24, case advanced from 29-4-2024 he came without any notice to my advocate took date and disappeared. I have been given Rs.300 payment orders as complainant by Hon Court. I wonder if such things are permitted by Hon Courts that one accused is escaping so many notices/NBWs/Arrest Warrants. The case is posted for PW-1 CROSS and my advocate do not yet received any intimation from Court/opposite party. I prayed to the Hon Judge to order Ex parte previous date, but did not get orders. My advocate is also in a fix to explain to me. Kindly advise what next for me.
PS: I spoke to my advocate and he says that we have not received any intimation either in writing or orally about advancing the case from 29-4-2024 to 26-2-2024. Even earlier also to obtain bail, he did the same thing. We now wonder after 9 NBWs and Arrest warrants, how can Hon Court recall so many warrants issued against him without enquiring if the notice has been served or not to me and to my advocate. and straightaway giving date for cross examination of PW-1 and that too when the accused is telling that this cross examination will bring success to accussed. I wonder Sir/s.
Kindly advise whether I need to attend the court on 16.4.2024 (not informed to me by accused or the court) and whether I can file objection to this order.
Read more at: https://www.lawyersclubindia.com/experts/case-filed-under-138-cheque-bounce-758411.asp