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Rajesh Bangalore (Software Engineer)     18 August 2014

How many times summons will be issued

Hi Experts,

I would like to know how many times summons will be issued for section 138.

The person who took money is absconding, four time summons is issued by court. I would like to know how many times(max) summons will be issued. If the party is not appeared on the court after summons, what will be the next state of action.


Please explain the different levels for section 138 in layman terms. The party who gave the money has blank cheque given by the person who took the money. How long this cheque will be valid if not submitted to the bank. Is there any time period for the cheque to be invalid even though it is not submitted to the bank.

Your help is really appreciated.
 

Regards,

Rajesh



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     18 August 2014

The summons are to be served on the correct address, if the summons are returned stating that the addressee not found, then you may have to furnish correct address.  If the summons returned with the reason 'Refused' then the court will order issue of warrant to the accused.

The blank cheques have no validity, it has to be filled up in all the respects, then only  the cheque attains validity.   Do not ever say in your complaint that the accused issued you a blank cheque any time earlier.  A cheque is valid for three months only.

Adv. Dhamale (Lawyer)     18 August 2014

You may also refer to the recent SC judgement specifying the jurisdictions where u can initiate and file court case u/s 138

Raksha Joshi   22 January 2020

Hello everyone!

Non Delivery of Notice Under Section 138 NI Act leads to No Proceedings Against the Accused :

https://ksandk.com/banking/4286/

But if the summons are returned stating "refused" then the court will order issue of warrant to the accused. 

One such case that you can refer to is :

https://www.scconline.com/blog/post/2019/07/29/del-hc-summons-issued-under-s-138-ni-act-quashed-in-absence-of-necessary-averments-in-the-complaint/

Blank cheques have no validity if you don't mention the date because then it can be used at any point of time after filling the date. Otherwise, as per the latest position cheque validity time is only 3 months.

Hope this helps! Let me know if there is any query left!
Best Regards

Raksha


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