Annonymous (NA) 20 March 2014

Warrant in cheque bounce case

Hello,

I have a query. I had issued an old check (whose next and previous number were passed in 2009 and after that many transactions happened with the same account) to a person. However, our transaction are done and I have settled the amount to him in 2012 (for which I do not have any proof). Now that person had sent the legal notice to my address. However, the address on the legal notice is wrong and register post was not received by me. I got to know about the notice through ordinary post (which I picked up from wrong address). 2 months gone after this and I did not get any other register post. Now that person is saying there is warrant against me.

I am confused. I did not get any summons from the court. Is it possible to issue the warrant without sending the summons? How can I check whether there is a warrant against my name? How can I check whether there is complaint against me basically?

Thanks!!

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14 Replies

Dr J C Vashista (Advocate) 21 March 2014

It differs from case to case and you may not be aware regarding the postal remarks on summons. Engage a local lawyer, inspect the file and proceed.

Annonymous (NA) 21 March 2014

Hello vashista,

Thanks for the response.

I have verified with the postman that no other post has come to my name. is it possible to issue warrant without summons?

Thanks

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 21 March 2014

no, first of all court issue sumons after that warrant.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 21 March 2014

no, first of all court issue sumons after that warrant.

Dr J C Vashista (Advocate) 21 March 2014

No warrant ,shall be issued till proper service of summons and its (summons) disobedience

Annonymous (NA) 21 March 2014

Okay.. Thanks a lot for your responses..

Ajit Singh Cheema (practising Advocate) 21 March 2014

I would like to inform you that there is no role of postman in serving the summons.The service of summons is through process server of the court.

Annonymous (NA) 21 March 2014

Hello sir,

In that case process server should come to my address to serve the summons. But nobody has come to me till now. So I thought summons might have sent through post. Please correct me if I am wrong.

Thanks

Dr J C Vashista (Advocate) 22 March 2014

Read my earlier opinion/ advise. I am repeating the same for your action, if you feel.

"Engage a local lawyer, inspect the file and proceed."

Annonymous (NA) 22 March 2014

Yes Sir. Surely I will. Just wanted to have basic knowledge before approaching him.

T. Kalaiselvan, Advocate (Advocate) 23 March 2014

As Doctor Vashista advised, it is better to engage a lawyer locally, find out the facts through him and act accordingly.

advocate Avdhesh chaudhary (advocate/ legal consultant) 11 June 2014

YOU MAY CALL ME FOR HELP. ADV. AVDHESH CHAUDHARY 9891507137

Vijay (no) 14 June 2014

Respected Sir,

My Father is the alleged accused for 138 NI ACT. MY Local unrecognised chit businessman forced to my father (D Lakshmi Narayana) to issue the blank cheques.My father did the same in 2013.But he claimed those empty cheques for an amount of 2 lakh rupees each....with out informing my father ..and now he filed a complaint and honerable nandyal megistrate issued the warrant for my father...Plz help me sir....Bringout my father from false case.....Money lender harrasing my father for payment...I have no another option sir Kindly Help Me Sir.....it is very urgent and important for me sir...

My Father Name : D. Lakshmi Narayana

My Name : Vijay

contact No :8125555641

Dr J C Vashista (Advocate) 14 June 2014

@Vijay,

if your father (accused) through his counsel can prove that the blank cheque(s) were handed over to complainant, the complaint shall be dismissed. Besides this, the money lender do not have a licence, your counsel must cross-examine the complainant on this issue to bring out the fact that the cheques were not issued for legally recoverable debt.

Seek advise of your lawyer.