Can NI 138 B apply on a third party cheque?

Section 138 criminal action could be taken only against the drawer of the cheque. Unless it is shown that the applicant could be treated as drawer of the cheque in the eye of law, no criminal action can be instituted against him. In your your as per details given by you, prima facie, does not show the necessary ingredients of the offence punishable u/s.138 of N.I. Act.

I need more guidance on the matter.

I have not been able to appear in court on summons date as I was out of station due to an emergency. Also could not consult a lawyer then.

Moreover, the PL Banker's Account Manager (handling my account) has ben assuring me that the case will not be followed as it is filed by mistake. I no longer trust his words.

What are the consequences of not appearing in the court.

Do I need to get a bail etc.? (I am not conversant to judicial process)

Please suggest.

If that is proved in court that you were out of station its fine you wil gert onother date for appearance....Possibilities are that your name match with the same person or somebody is just trying to harass you....

...And if u have no relation that you have nothin to worry as there is no way Your name be suggested for same....Just wait for them to issue fresh summons.....

You need to clarify with the Bank it must be a mistake due to matching names or something.

Ask for compensation for such mental agony and harrasment you went through.

No you dun need to get an anticipatory bail or anything....

There are chances of somebody forging your signature on one of your cheques....Consult a local lawyer

 Mr. Sanjay  U pl. hire a counsel and let him file an application under section 250 Cr.P.C for accusation without reasonable cause and see the result if the aforesaid circumstances are true to the best of your knowledge.

I THINK MINAKSHI EXPLAINED VERY GOOD. I AGREE WITH MINAXI

I think MINAKSHI had give a right advice and i do agree over it

Mr. MINAKSHI had give a right advice....i agree..:)

In the circumstances NI 138 case can not survive against you.

Just check  following:

1.  Every cheque would have an account number ?

Is it yours ? If not then don't worry. If the court has issued the summon notice mechanically, along with this summon notice a photocopy of the cheque or complaint would have come along with the bank and cheque details. Go to the drawee Bank, take a letter from them and furnish it to the court on the first date, that it is not your account and you are falsely draged into it. This one day trouble will save you from bigger trouble.

Incidentally did you receive any notice ?

The case can be instituted only against the drawer, who is maintaining the account.