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Surendra Parmar   26 March 2023

Who To Bring Accused in court u/s138

My case in court is standings from since past 7 yr. Amount is of 10L...
Iam the complainant.
Examination Of Accused u/s 313 crpc.
completed .. after that Accused prolonging the matter since from 1 yr....not giving personal appearance in the court but on his behalf his adv. is always present in the court...
so mean while in roznama I saw it was updated in last date as Awaiting Summon...
In absence of accused can we run the case expeditious?
Require Advice from Law Experties Pls Guide to me wht to take next step...


 7 Replies

anubhav Bhatt   26 March 2023

Dear querist,
In that situation, you should approach the High Court therein you may expedite your case within the time frame, then your problem will resolve for more clarification you may contact us then I'll explain properly about your case.

Advocate Anurag Bhatt
High Court
📱 9198889990

Dr J C Vashista (Advocate)     27 March 2023

Besides approaching High Court in writ jurisdiction as advised by Mr. Anurag Bhatt, did you or your lawyer raise objection before the Trial Court regarding intentional absence of accused ? If so,  what is the response of the Court ?

N.K.Assumi (Advocate)     27 March 2023

Cons Cheque is a chronic trend in the counry, and 7 years pendency is startling. Don't waste any more time and ask the court to issue warrant against the defaulting payee.  

Real Soul.... (LEGAL)     27 March 2023

The Complaint U/S 138 NIA is criminal and warrants are to be issued against the accused, why is your lawyer sleeping .  

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     27 March 2023

as per Sec.70, Crl.P.C. a warrant cannot be issued unless the Court is satisfied that the circumstances necessitate the issue of a warrant of arrest.

It is also noteworthy to note that as per Sec. 143 Negotiable Instruments Act, notwithstanding anything contained in the Code of Criminal Procedure, the offenses are triable summarily in accordance with the provisions of Chapter 21 under  Secs. 262 to 265, Crl.P.C. Yet, (even though it is a summary trial) sentence can be imposed up to one year, and more than Rs.5,000 may be imposed as a fine. (Please Note: Summary trials deal with cases that consist of minor offenses of simple nature as opposed to serious cases which are tried in summons/warrant trials.)

Shashi Dhara   27 March 2023

If you are serious and urgent you personally try ,if not it takes another 7 years  no one is interested in cheque bounce case only complainant has to be serious to recover money .we can only defend in court .

Surendra Parmar   28 March 2023

Highly Obliged From All Expertise to advise me

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