is summon itself a notice to pay in 138 nia act

Respected Experts,

I received a summon from court u/s 138 . In which amt Rs 75000/- involved but already paid 48000 and got receipt but complaintant sent notice to me which was returned with remark " refused " while .I was admitted in hospital before chq presentation to after 10 days of notice date, They file case and court summoned me , I appeared in court on date and got bail.

When i discussed with my advocate about case and asked him to take benefit of hospital period he informed me that " he has citation about this " that " you should pay the amt. within 15 days as you received court summon it is also treated as NOTICE "

kindly inform me that is their any law/judgement/citation regarding such claim made by my advocate ( he is not providing the same when i demanded )


your advocate wants to give some times to showing hospital documents 


Thanks for opinion sir , but I have already submitted to him the hospital paper which was genuine , my question is after case started how you can say that notice is in different form which is summon ....No i can not believe on this.



no you have opertunity to prove the matter that you had no knowledge .





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