138 cheque bounce case

Just appear in the court and apply for cancellation of warrant., and contest the case on merits.

Thanks JSDN.  So, no penalty possible for complainant for having warrant issued without service of summons?

Should the case be contested in the lower court or an application given for quashing it in a higher court since no loan was given and no evidence presented?

Should a parallel criminal case be filed for theft of cheques and subsequent forgery? A police complaint is already on file.

The offense u/s 138 NI Act is bailable, therefore, you must have to bail out your first.

Further, as regards to false submission in the court by the complainant that the summon has been served you have to check the Zimini Orders of the court and take the certify copy of that order, thereby move an application under section 340 CrPC R/W section 199 IPC to make the false statement in the court of law.

AS regards to another story that the entire case has been fabricated by person A with stolen and forged cheques and person A never gave even one naya paisa to person B has to be proved in the trial by put the evidence in your support.

In most of the cheque bounce cases the plea of theft is taken but you have to substantiate it., by hard evidence. It is simple and sure to win any cheque bounce case so put your energies for contesting the case. Any case of cheque bounce (NI 138) can be won by the accused if diligently perused from initial stage. It is a myth that once a cheque is bounced conviction is imminent . The complainant has to pass many many and many legal hurdles to achieve this. 1) Prove EXACT legal liability equivalent or less than value of cheque that too on the day when the cheque was given .2) Prove notice and all its contents .3) frame proper pleadings in the complaint 4) produce all the evidence with the complaint 5) Prove cheque was actually given to the complainant BY THE ACCUSED .6) It may have been given post dated but not blank dated. 6) Prove its bounce against the complainant not against any body else. This is a big catch and ignored by many most of the time. Accused suffer only due to guilt complex and initial lethargy .Power of defense is power of negative which is perpetual and immense.

Dear JSDN-advocate,

Kindly explain:

6) Prove its bounce against the complainant not against any body else.

In this case, although post dated cheques are claimed by the complainant, the date is not in the drawer's handwriting.  Also, no evidence of loan given, has been presented when filing the case.

Dear JSDN-advocate,

Kindly explain:

6) Prove its bounce against the complainant not against any body else.

In this case, although post dated cheques are claimed by the complainant, the date is not in the drawer's handwriting.  Also, no evidence of loan given, has been presented when filing the case.

We have to see all the papers filed in the court for proper advice since it is most sophisticated tool of defense.

Can the bail/surety be posted by the lawyer if the respondent is currently living in another town?