prasanna P 26 August 2024

Cheque bounce case

A cheque was dishonoured when someone gave me it 4 years ago. Then I filed a case within 3 months, but that person didn't accept summons because he changed his residence,and also my lawer was not competent. Now I want to reopen the case. Please anybody advice me.

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Quick Summary

A cheque issued four years ago has bounced, and the original case filed within three months was dismissed due to unserved summons and an incompetent lawyer. The individual seeks advice on reopening the case, but it's suggested that a dismissed case cannot be reopened in the same court and an appeal to the high court might be necessary. The discussion highlights the importance of proactive legal engagement and the challenges of reviving old cases.

6 Replies

T. Kalaiselvan, Advocate (Advocate) 27 August 2024

If the case has been dismissed for default then it cannot be reopened by the same court.

You may have to file an appeal against the dismissal before hgih court to set aside the dismissal order.

1 Like

Sudhir Kumar, Advocate (Advocate) 29 August 2024

what were you doing since 4 years?

prasanna P 29 August 2024

I didn't have any knowledge about law. The lawer also not so competent, he filed a case and summon returned unserved. He didn't explained me what's the next procedure when summon not served. I also believed that Since accused changed his residence, the case will not be proceed.

T. Kalaiselvan, Advocate (Advocate) 30 August 2024

Your thinking and thoughts are not law, if you had a feeling that your lawyer is not handling your case properly nothing prevented you from changing the lawyer.

Now it cannot be retrieved.