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apurba (others)     21 June 2010

PLEASE HELP ME U/S 138

SIR, I HAVE RECEIVED A SUMMON OF U/S 138 FROM CHIEF MAGISTRATE KARNATAKA. I LIVE IN KOLKATA.

PLEASE HELP ME WHAT SHOULD I DO

THANKING YOU



Learning

 20 Replies

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     21 June 2010

well if the transaction was in kolkata only then not to worry.

you will have to appoint advocate over karnataka and tell him to see that on par of the jurisdiction your case is dismissed as filed in worng court jurisdiction.

say if A has given cheque for transaction in kolkata to b and if b files case in karnataka, then the karnataka court has no jurisdiction on the issue.

1 Like

Basavaraj (Asst, Manager-Legal)     21 June 2010

Advocate Gulammayudin A. Gagdani, cheque bounce case shall be initiated in 5 jurisdiction as held by hon;ble Supreme Court.

1.Place of presentation

2.Place of Bank

3.Place of parties

4. Place legal notice issued.

5. Place of transaction   

Mr.Apurba,

I think need not to explain about section 138, you are well aware about it.

Regarding  summons, you should be represented on the date of hearing fixed either personally or though pleader  and should file bail application for that surety or personal bond shall be produced (up to the court judgment) to release. Since section 138 is bailable offence so no court would decline to reject your bail application.

Make sure if you failed to attend on the hearing date fixed in the summons, complainants will prove service of summons on you and press for NBW (Non-balibale warrant)against you, then things would be different or you shall be arrested, please avoid.  

Better you come here and day before and consult the lawyer rather than brining from your city. Think yourself whether have you issued any cheques to others and remember recently have you received any legal notice regarding cheque bounce, bring all the details and come to the Karnataka. Let me know in which place you have received your summons.

If you want to appoint local lawyer (Honest lawyer) please contact me on 09902880244.

 

Regards

BASAVARAJ.R

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     21 June 2010

well my learned friend i am aware about the laws & flaws.

if all the transaction is at say kolkatta,

there are judgements even against the same judgement by the supreme court on issues of jurisdiction. 

 

1.Place of presentation: would be definately at kolkatta in the curent matter

2.Place of Bank: bank dis honouring will be kolkatta

3.Place of parties: should be considered as defendants as per criminal procedure code.

4. Place legal notice issued: to and from parties to be considered.

5. Place of transaction: from current transaction it seems to be at kolkatta.

out of 5 points atleast 4 points will be in favour,

look just dont try to confuse general public on judgements, as we advocates are suppossed to plead for our client, and as per expreience it is the best to attack the summons u/s. 138, well there are always some points and some rationale in supreme court judgements, without having the similarity in the rationale of the case, as an advocate you cannot plead jurisdiction matters.

Regards

    

apurba (others)     21 June 2010

SIR,

THATS MEAN I HAVE TO GO KARNATAKA ,

IF I PAY FULL DUE TO THE BANK WOULD BE DISMISS THE CASE ? IF YES THEN SHOULD I CALL BANK OFFICER ?

PLEASE LET ME KNOW

THANKS & REGARDS

APURBA

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     21 June 2010

yes,  correct me if wrong,

your u/s.138 case is by the bank for any outstanding loan then yes, and confirm the bank to withdraw the case then in that way you will not have to go to their.

Regards

Basavaraj (Asst, Manager-Legal)     21 June 2010

My dear dear learned learned counsel,  I do agree with your counter however  first of all  expel the  issues properly then next discussion. Further also I agree with that we do try to confuse the general publics by advising unwanted things. I am of the opinion that in the light of the subsequent decision in Bhaskaran v. Balan which must be understood and in the light of the later decision of the larger Bench of Supreme Court in Shri Ishar Alloy Steels Ltd. v. Jayaswals Neco Ltd.

 

Please note that as an advocate I’M RESPECTING THE HON’BLE SC JUDGMENTS and based on SC judgments only we can go forward FURTHER. Apart from that I’m not pleading anything extra about jurisdiction.

 

If it is agreed by you that as an advocate I(me) cannot plead jurisdiction matters then how can you say in your first reply that “if A has given cheque for transaction in kolkata to b and if b files case in karnataka, then the karnataka court has no jurisdiction on the issue”.   

 

My dear apurba, do not waste you time and money, better than late go and settle the matter and close the issue without further delay.     

   

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     21 June 2010

Well my friend what i mean to say is you cannot decide jurisdiction matter like that, no offence meant or no counter attack on your views, as an advocate we should respect judgements of supreme court   

kranthi (retainer advocate)     23 June 2010

yes u will pay the cheque amount the case will be closed , when it is informed to court it will dismiss the case beside this u have to apper before court personlly / by advocate.

apurba (others)     23 June 2010

thank you KRANTHI sir for the advice, that's mean though i repay the amount i have to attained court ? & what about my arrest ? is there any chance to arrest ? please let me know sir
thanks & regards
apurba

Venkatnarayanan (M.A)     24 June 2010

Yes I agree with Mr.Basavaraj advise as per SC judgment complaint has right to sue anywehre in India as directed by SC in 5 places.Mr.Apurba, there will no question of arrest since bailable and compundable offence as advised by Basavaraj Sir. You need not to scare beacuse once you ready to settle the cheque amount the court will accept it and close the case as dismissed or withdrawn.

 

All you need that enagge one advocate and clsoe the case and file a joint memo with complaint cousnel.

 

Just tell the court that you are ready to pay the cheque amount that is enough and there is no question arrest you from any body. 

sweta singh (n/a)     24 June 2010

well.....u will hav 2 go on date of appearance in the court....so that u can take bail........try 2 take long date for plea.......so that in the mean time u can make settlement with the bank.......and they will withdraw the case but make sure its withdrawn coz sumtimes in sum cases they just carry on the case......best of luck.........

LAWYER GANESH MALUR (Junior Lawyer)     24 June 2010

Mr.Apurab go head with Basavaraj sir and madam Swhat singh's advise. I think they have given more advise how to move further.

apurba (others)     24 June 2010

THANKING YOU SIR AGAIN FOR YOUR ADVICE,
SIR, I HAVE GOT THE SUMMON FROM ( XV ACMM ) CHIEF METROPOLITAN MAGISTRATE , BANGALORE , K'TAKA.
IS THERE ANY CHANCE TO ARREST ? REALLY I'M WORRIED, PLEASE HELP ME , HOW TO TO BE SOLVE?
THANKING YOU
APURBA

Venkatnarayanan (M.A)     24 June 2010

Mr.Apurab, you are not beliving on judiciary. Prima faice basis you are playing here and you are not relying on advise given by our learned members and expertise. Again and again you expressing same story.

Please give your case no and your contact number I will ask my advocate to meet and protect you from arrest.

 

100% chance is tehre to arrest you if you are unable to attend the court on fixed date, make sure. How many time you want here like how to solve, how to solve.


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