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sanjay (NA)     02 July 2013

U/s ni 138

  1. I sold silver bar to a trader & he gave me a cheque against that silver.that cheque was bounce due to inssufficient funds. My counsel gave him a motice u/s 138 & He returned back half quantity of silver & gave the cheque of balance amount.that cheque was also bounced due to insufficient funds. again we gave him a notice & filed a case against him. he was absent all the court date after NBW he appeared in the court. Court asked him to deposit bail bond of one lac. My question is what will be the further process.


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 9 Replies

Arvind Singh Chauhan (advocate)     02 July 2013

After taking bail. You have to lead evidence in support of your allegations.

Chetan Joshi (Advisory/Advocacy)     02 July 2013

He shall either give you the money else he will be sentenced according to the statute.

 

Regards

Chetan(dot)7679(at)gmail(dot)com

Chenoy Ceil (Advocate)     02 July 2013

In all probability he would settle the matter or else next step for you would be to lead evidence in support of you complaint case.

subrata chandra polle (advocate)     02 July 2013

Next stage would be trial of the case. Here the prosecution ,i.e , complainant will aduce evidence by way of affidavit to prove his compliant.If the matter is procastinated for considerable period, complainant can move before the High Court under the section 483 of  the Criminal Procedure Code for appropriate direction to dispose of the matter within a short period.

sanjay (NA)     02 July 2013

I sold silver bar to a trader & he gave me a cheque & purchase bill  against that silver.that cheque was bounce due to inssufficient funds. My counsel gave him a motice u/s 138 & He returned back half quantity of silver, purchase return Invoice along with a letter  that due to financial crises he is unable to pay my money therefore he is returning half the quantity of that silver & cheque of balance amount .that cheque was also bounced due to insufficient funds. again we gave him a notice & filed a case against him. he was absent all the court date after NBW he appeared in the court. court asked him to deposit a bail bond of one lac. what will be the further court process. ( We already gave the affidavit alongwith all original documents at the time of filing case)

MARU ADVOCATE (simple solutions for criminal legal problems -- yourpunch@gmail.com)     02 July 2013

You have posted this querry at multiple places and may get variety of response which will confuse.

sanjay (NA)     02 July 2013

As  I was new member I haven't given full detail. In my last message I posted all the points

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     03 July 2013

Now the court frame the Notice/Charge against him and trial will be start if he is not ready to settle the matter with you, first you cross and after that the court give the opportunity to him to lead his defense evidence  and give opportunity to you to cross him, after that arguement and order.

santhosh.g. (advocate)     03 July 2013

filing affidavit along with the complaint is one under section 200 cr.p.c. in the evidence stage complainant have to file proof affidavit u/s 145 n.i.act. both are defferant


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