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Farooq   27 December 2015

Cheque bounce - bangalore

Hi All,

I have filled cheque bounce case against my previous owner, who was supposed to pay my lease amount of 3 Lacs, it is almost 6 years I am waiting for judgment and attended all the hearings but the accused had only attended first session in which he acknowledge that he has to pay the amount and cheque was dis-horned due to insufficient balance.

Civil Court had issued NBW twice but nothing happened, since accused wife is a lawyer and because of her police is not daring to arrest the accused instead asking me to monitor his moments and inform police about his presence so that they can arrest him, I don’t understand for what we are paying taxes!

Now for third time I have the NBW but when I approached police station then they say it is not a major case and there is nothing they can do.

My lawyer does not even open his mouth in front of Honorable judge, when asked why don't you speak then he says if I do that then judge will dismiss the case!

I am stuck from both the ends (my lawyer and police). Accused has his property in his wifes name so it is considered in settlement?

So please let me know how can I get it resolved? And also please clarify below

  1. It is true that there are chances that case may get dismissed since it is pending from long time and accused is not appearing in court?
  2. Is there any action that can be taken against accused wife (lawyer)?
  3. Do you believe that I need to change my lawyer?
  4. It is for sure that police is negligent on this, is there anything we can do on this?
  5. Since it is 6 yrs, I am expecting twice the amount + other expenses incurred in legal procedures, it is possible get it?

Let me know if you need any other information to provide better suggestion.

With Regards,
Farooq Abdulla



Learning

 4 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     27 December 2015

Farookji,

Forget about accused,police and the accused lawyer,change Ur lawyer and engage a competent lawyer,if U wish to continue the case.Six yrs is a long time for a case u/s 138 to be still in the trial  stage.

M.RAMESH.NAIK (CEO)     28 December 2015

MR  FAROOQ what is  your  case number  and  court hall number. call  me  for  further  info  at 9844128697 bangalore

M.RAMESH.NAIK (CEO)     28 December 2015

MR  FAROOQ what is  your  case number  and  court hall number. call  me  for  further  info  at 9844128697 bangalore

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     28 December 2015

As advised by Mr. Devalla, change your lawyer. File a writ of mandamus in the High Court for ordering the police or other authority to trace and arrest the culprit.


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