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Accused of cheque bounce not showing up for hearings continuously
01-Aug-2023 (In Cheque Bounce Law)
Hi, I have filed a cheque bounce case against "one person who is living in Aligarh" and "the case is filed in Gurgaon" as I work in Gurgaon and my Bank's Home branch is also in Gurgaon. On the "first court Date" he was summoned to come. On "second date "he did not arrive in court so we filed our proceedings and were told that non bailable warrant will be issued against the culprit and we came back. Now on "Third Date " we get to know that non-bailable warrant against the accused was cancelled as his lawyer appeared in the court later on that day. Now on "Third Date " again he was not available on time and I think his lawyer again must have come there and got the non bailable warrant cancelled. My question is can the accused lawyer keep on doing like this and delay the process or do we have any other remedy for the same ? Also, does my lawyer is also informed that the accused lawyer appeared in the court and non-bailable warrant was cancelled. Coz, i did not hear from my lawyer
You have every remedy by challanging any order. As i think so the occassionally on request counsel of accused the court may accept the request but not every time. As far as your case is concern you have wait and tell to the court on each date and convinced the court. Generlly an order passed by court does change in case the change the order than it will call or inform the opposite cousnsel.
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Adv. Salim Shahzada Khan
Gurgaon | 25+ Answers
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Yes it happens that accused makes his appearance after noon nailable are are issued against him.it is a normal course and it is not necessary that advocate for the complainant be called while issuing non bailable warrants. You can contact me as am practicing at Gurgaon court
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Adv. Kalyan Singh Ahlawat
Gurgaon | 25+ Answers
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If the accused is not appeared on the second date and his counsel appears, so the court can exempt the personal appearance of the accused, if the counsel of the accused submits an application to that effect. However, the court can grant exemption on the next date also, if it finds the ground of his non-appearance to be genuine. But this cannot go for ever and the accused would be appearing in the court. however, these are the tricks adopted by accused to delay the matter only. It shall cause no harm to the merits of the case. As far as information to your counsel is concerned, sometimes, it is not known to him if he has appeared in early hours in the court and does not go thereafter. But, he is supposed to know the proceedings in the end of the day.
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Adv. Devender Kumar Kataria
Gurgaon | 100+ Answers
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