kumar (partner) 21 February 2011

138 Cases

I am a business man, one of my customer had issued some cheques,which has got returned by bankers stating INSUFFICIENT FUNDS/ACCOUNT CLOSED, the customer has shifted is office/home and not able trace his where abouts,in such a situation how can i issue 138 notice and pursue the case ,please guide as to how to proceed on this matter.

In two case's on the above mentioned customer i have already filed 138 case and during the proceedings i have got a warrant from the court since there was no reprsentation from his end/he did not attend the court.In such situation what will happen to my case and how can i excute the warrant ?? please advice

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5 Replies

Advocate Anuj Anand (Advocate) 22 February 2011

issue him notice on the last know address. dont delay. after issuing warrants he does not come due to change in address. u can ask the court for summoning through subsitute means i.e. Publication and still he does not appear court will declare him PO

M.Sheik Mohammed Ali (advocate) 22 February 2011

yes, you can publice a new paper as wanted person, and if you know his assets in the localy area, then take legal action against against his property through attachment.

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com) 22 February 2011

You have to trace the address otherwise all other procedure has no meaning.

pearl (advocate) 22 February 2011

please observe clearly

In Negotiable Instrument act the notice was issued on behalf of the power of attorney is maintainable or not please send the citation as soon as possible

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com) 23 February 2011

There are limitatons for power of attorney holders. He can act on behalf of master and only for such acts he can take further action not otherwise.