ashok kumar (Social Worker) 29 September 2014

Situations in cheque return nia cases

Situations in Cheque Return NIA Cases

What is the remedy in the following situations in a Cheque Return (NIA) Case

1. The court has issued summons, but the accused has fled his address and his whereabouts are not known and the summons remain undelivered repeatedly. The result is that the victim of the cheque return is continuously harassed in the process without any result. What is the remedy in this situation? Can a prayer be made to the court to issue a Standing warrant?

2. Against a partnership concern, the summons & subsequently the Bailable Warrants are served on one of the partners but the other partner is not available. What is the remedy in this situation? What happens to the case? Will the case remain pending till the warrant is served on the other partner also or it will proceed against the partner who has been served? ? Can a prayer be made to the court to issue a Standing warrant against the partner who is not traceable?

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3 Replies

G. Y. Sharma (Advocate) 26 October 2014

Dear Ashok Kumar,

I appreciate your contribution being made for the good of the society as a social worker. Cheque bounce cases are dealt with under the provisions of Cr.P.C. Sections 61 to 69 of Cr.P.C. provide the process for compelling the appearance of the accused. You can take shelter under sec. 65 of Cr.P.C. when the Summons can not be served as provided.

Where the appearance of the accused who is absconding is not normally secured under the process of court, the court will split up the case and run the matter against the accused who is/are appearing. Since it is a case against the Partnership Firm, all partners are liable jointly and severally. So you can on the other hand file a 'Not Pressing Memo' against the absconding accused whose presence can not be secured without much time and money.

Hope I could satisfy you.

Truly Yours,

G. YADAGIRI SHARMA,

M. Com., LL.M.,

G. AMRUTHA KUMARI,

M. Com., LL.M.,

ADVOCATES

H. No. 2-1-178/1, 100 Feet Road

Vidyaranyapuri, Hanumakonda.

WARANGAL DISTRICT – 506 001

: 98 493 45 755 – : 99 66 45 66 85

gysharmaadv@gmail.com

ashok kumar (Social Worker) 26 October 2014

Thank U G Y Sharmaji for ur valueable contribution

ashok kumar (Social Worker) 26 October 2014

Dear Sharmaji

In case of a partnership firm or a company is it not sufficient that the summons are serves on the firm itself or service on each of the partners/directors separately is mandatory??