advise needed


Dear Lawyers

kindly give your valuable advise in my case i m running my family business one of my old coustomer whom i used to deal with 6 yrs back  contacted me for starting business and asked for credit against meterial supplied to him for which he as per our our mutual understanding on recipt of material he issued me P.D.C along with covering letter for settelment of our bill.all chqs on due date bounced back and he requested for some time to clear dues but before comletion of 6 mnths of chq date i issued notice thrugh my advocate to the party and filed case under 138 n.i.

after reciving summons issued by court party filed case in high court under sec.142 stating judge has not completed legal procedure for which high court has directed to m.m to complete the procedure through either police inquiry or by verifing himself for this several months have passed and time is being killed in procedure.

now would need your advise what has to be done next date where judge has to take call and how to save time in court procedure.

 
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LAWYER-ADVOCATE

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.9271971251, 9960223100,

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING CHEQUE DISHONOUR CASE KINDLY NOTE THAT.

1.YOU ARE COMPLAINT AND YOU HAVE FILED A COMPLAINT UNDER SECTION 138 OF N.I.ACT.

2.AFTER HEARING YOU COURT ISSUED PROCESS UNDER SECTION 138 OF N.I.ACT AND SUMMONS WERE ISSUED TO THE ACCUSED.

3.AFTER ISSUING SUMMONS THE ACCUSED FILED W.P.AT HIGHCOURT AND PRAYED FOR QUASHING THE CASE.

4.HIGH COURT HAS DIRECTED TO COMPLETE PROCEDURE IN THE LOWER COURT.

5 KINDLY NOTE THAT HIGH COURT HAS REJECTED THE WP OF ACCUSED AND DIRECTED TO COMPLETE LOWER COURT PROCEDURE.

6.ACCUSED HAS TO SUBMIT SURETY BY TAKING BAIL FROM THE COURT., HIS PLEA WILL BE RECORDED .

7YOU HAVE TO SUBMIT YOUR AFFIDAVIT FOR EVIDENCE AND ALL ORIGINAL DOCUMENTS TO BE EXIHIBITED IN SUPPORT OF YOUR COMPLAINT.

8THEN THE ADVOCATE OF ACCUSED WILL CROSS EXAMINE YOU.HENCE BE CAREFUL AND PREPARE FOR THE SAME.

9YOU MAY EXAMINE THE WITNESS IN SUPPORT OF YOUR COMPLAINT.

10 THEN THE STATEMENT OF ACCUSED WILL BE RECORDED AND THEN WITNESS OF ACCUSED WILL BE EXAMINED AND CROSS EXAMINED BY YOUR LAWYER

11.FINALY ARGUMENTS OF ADVOCATE OF COMPLAINENT AND ADVOCATE OF ACCUSED WILL BE HEARD

12 THEN THE CASE WILL BE SCHEDULED FOR JUDGEMENT.

THESE ARE THE GENERAL STEPS FOR THE COMPLAINT UNDER SEC.138 OF NEGOTIABLE INSTRUMENTS ACT.

IN CASE YOUR MATTER IS DELAYED YOU MAY FILE AN APPLICATION IN THE COURT FOR EXPEDIATING THE CASE.

IN CASE ACCUSED IS REMAINING ABSENT YOU MAY APPLY FOR WARRANT TO BE ISSUED IN THE NAME OF ACCUSED.

IF REJECTED THEN YOU MAY APPROACH THE SESSIONS COURT /HIGH COURT.

YOU MAY WRITE OR CALL AND SEND DETAILS ,IN CASE ANY FURTHER HELP IS REQUIRED.

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

 
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LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA

Dear, Author,

u can contact me at 9871158578.

 
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