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Transreal Partner   30 May 2021

Please guide in fake 138 case court status

My father had taken cash loan amount of Rs.15,000/- in Jan 2019 from one lender and issue my bank blank cheque as an security and after few days my father expired. But now his sons missused that blank and deposit for the amount of 2,28,000/- and file the case. He his running Kinara store in Thane. Except cheque he didn't have any proof or my father signature or any documents. 

As I shifted to other place two years ago after father death, I have not received any legal notice or court summons. Shop owner and his son also now I am not on that place.

And suddenly I received call on 5 May 2021 from police that why I not came on date. 

I don't have any information regarding Case but finally I found online case status. 

Please go through attached file and please guide whats written on that and when I want to visit in court and what is the meaning of Summons ready.

Please guide 



 17 Replies

Sankaranarayanan (Advocate)     30 May 2021

Seeking the help of local advocate and  face the case

Dr J C Vashista (Lawyer)     30 May 2021

Presumably warrants of arrest (bailable or non-bailable) have been issued by the Court, accordingly you are summoned by police. You are required to attend the call and take suitable action.

You will have to contest the case through a local prudent lawyer.

Transreal Partner   30 May 2021

I have present on next court hearing date 30/7/2021 or before  ? 

Advocate Bhartesh goyal (advocate)     30 May 2021

Whether cheque was signed by you or your father, if it was signed by your father then you have good defence and if  it was signed by you  then you have no option but to contest the case on merits . contact to local lawyer .

Transreal Partner   30 May 2021

Okay. But as per online status. It's written as summons ready and next hearing date is 30/7/2021. So I want to visit before date or on next hearing  date. 

What it means for SUMMONS READY. 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     30 May 2021

Summon” is a document that commands a person to whom it is served to appear before the court and to answer the complaint made against him. Summon is issued by the Magistrate to the accused under section 204(1) (a) of Cr. P.C, 1973. You have present on hearing day 30-7-2021 as per summons to you. 

1 Like

Transreal Partner   30 May 2021

Okay Sir,  Thanks for Reply.

It's Means as of current status, I want to appear in Court on next hearing date with advocate. Till then there will be no correspondence in court or police station.

I may right  ? 

SHIRISH PAWAR, 7738990900 (Advocate)     30 May 2021

Hello,

The online status shows that it is for summons so it may be for summons report. The next date is of 30.07.21 so you have ample time. Till next date nothing will happen. Appoint advocate to fight out a case. 

1 Like

Transreal Partner   30 May 2021

Thank you your reply. 
I want to know one more thing.  What is meant by case type. It's written as  S.C.C - SUMMONS / SUMMARY CRIMINAL CASE. 
 

T. Kalaiselvan, Advocate (Advocate)     30 May 2021

Summary trial is the name given to trials where cases are disposed of speedily and the procedure are simplified and the recording of such trials are done summarily.

The summary trial will be dealt with by affidavit evidence. In a trial, the evidence will be presented by spoken evidence and witnesses. Also, during a trial, the witnesses will have to deal with cross-examining

in criminal procedure, a trial without a jury decided upon both on the facts and the law by a judge who may be legally qualified or may be a magistrate (who has legal advice if required). Maximum sentences are usually lower than in cases prosecuted on indictment.

You better appear before the court on the date of next hearing with your advocate and participate in the case based on the evidences on your side and merits that you rely upon.

 

 

1 Like

patsm00re18   31 May 2021

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P. Venu (Advocate)     31 May 2021

The facts posted lacks clarity. The case status shows summons ready i.e. it is yet to be served. Moreover there is no Order from the Court to issue bailable or non-bailable warrants. As such, the facts you have posted are less than convincing. 

So also, if you have not received the summons how do you are of the type of case and case number? Please note that you have not done any favour to yourself by blanking the material information.

Incidentally, what is the reply you had furnished to the statutory notice under NI 138?

1 Like

Transreal Partner   31 May 2021

Originally posted by : P. Venu

The facts posted lacks clarity. The case status shows summons ready i.e. it is yet to be served. Moreover there is no Order from the Court to issue bailable or non-bailable warrants. As such, the facts you have posted are less than convincing. 

So also, if you have not received the summons how do you are of the type of case and case number? Please note that you have not done any favour to yourself by blanking the material information.

Incidentally, what is the reply you had furnished to the statutory notice under NI 138?

 

Actually I had shifted to other places after father death in 2019.  This lender have my contact number but he didn't inform or his advocate inform me about legal notice or it's returned due to address not available  or didn't receive any summons information because I was not staying there. I was informed by police officer that you missed the date today.  So suddenly I confused and search online in court case status  by my name. So I found. 

 

P. Venu (Advocate)     31 May 2021

That exactly what I have stated -  in a complaint case,when the court has not ordered a bailable or non-bailable warrant, how is that the police is searching for you?

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