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Sunil (Manager)     19 May 2012

138 cheque bounce case

Person A has filed a cheque bounce case against person B.  Person A sends the legal notice, before filing the case, to person B's correct address. But, the summons to appear in the cheque bounce case are sent by the court to person B's parental address in a town where person B is not living any more. Person A has the correct address for person B - proved by the legal notice of demand of money - but never has the summons sent to this right address.  Since person B is not living anymore with parents, the summons are not delivered to anyone and returned.  Person B becomes aware of the cheque bounce case because of this attempt to deliver and is anxiousy waiting for the delivery of the summons. person B also talks to a lawyer and the lawyer is also waiting for the summons to be delivered. Both are waiting, willing to immediately accept the summons when served. The summons are never served and person B is not aware of the first court date.  On the first court date, person A makes a FALSE sumbission that summons have been delivered to person B and this is the mystery - bailable warrants are issued against person B.  How did this happen?  What went wrong in the process of law?  Why was person A's submission accepted without any evidence?

 

It is 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.

 

What does person B do now?  How does person B have the bailable warrant squashed.  Can any punishment be given to person A for a false submission about summons delivery to the court?



Learning

 8 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     19 May 2012

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

Sunil (Manager)     19 May 2012

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.

DEEPAK ASSOCIATES (08010117611)     19 May 2012

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.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     20 May 2012

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.

Sunil (Manager)     21 May 2012

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.

Sunil (Manager)     21 May 2012

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.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     21 May 2012

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

Sunil (Manager)     22 May 2012

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


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