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sai krishna   28 May 2022

Cheque bounce case delay

Hi I have filed a cheque bounce case three years back (30Lakhs) , as of today there is no movement in the case and I have been visiting to the court as per schedule dates, but the party has not attended one time also, where is the issue am unable to find , please someone guide me.


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 4 Replies

G.L.N. Prasad (Retired employee.)     28 May 2022

Insist with your advocate for expartee decree as 3 years is such a long period in Sec.138 NIA cases and the amount involved is said to be more than Rs.30 lakhs.  He may even advise you to file a writ for expediting the complaint.

Hara Prasad Mohanty   28 May 2022

Well advised. 

It is the attending counsel who is in a better position to apprise you on development of the case on periodic basis.

First of all ,it has to be confirm whether court notice/summon has been duly served on the other part. If yes, after the date of service m how many dates have beenfixed and whether your counsel has prayed for issue of warrant through local police if court notice could not be served  within reasonable period.

Considering the status od hearing , your counsel may advise you on steps to be taken to expedit hearing of the matter.

1 Like

SHIRISH PAWAR, 7738990900 (Advocate)     28 May 2022

Hello,

Ask your advocate why the opposite party is not attending the court. Ask him to issue NBW for not appearing in court. You can also take third-party opinion from another advocate for the reason of nonappearance of the accused/opposite party. 

Dr J C Vashista (Advocate)     29 May 2022

Incomplete information can not lead to form proper opinion and oblige.

However, you must have engaged a lawyer to proceed your case, if so, what is his / her advise and why do you need second opinion?


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