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case filed since last 1.5 years opposite party not appearing in court
09-Sep-2023 (In Cheque Bounce Law)
I am Hindu and it is a property related issue. The court is delaying the case, the advocate i hired was asking money on every hearing after paying him the lumpsum fees he asked for. So i went for legal aid and the advocate is changed but he is also not showing any interest in the case. In the name of issuing warrant to the opposite party he took money (Rs.400) as a fees for issuing warrant but till date no warrant is issued to the opposite party. The builder has sold the flat with litigation and when asked for clarification he said that without any issues, he was ready to pay the decided amount within 60 days after entering into sale agreement but t is now approx. 2 yrs he bounced the cheque and also not appearing in the court. So what can be done next because every month I have a take a leave from the office for only taking the next hearing date. No progress since April 2015, when the case was filed.
You have not mentioned your case details. Whether it is filed as cheque bounce case or Suit? If it is a Civil suit it will take time. But if it is cheque bounce case we can handle in speedy way. Please contact me for other details.
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Adv. K. Venkatesan
Chennai | 100+ Answers
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Sir please be specific and clear on your litigation details. In the first two lines you say it's property related matter and in the middle you say it's Cheque Bounce. As far as Cheque cases are concerned you have to provide the correct address of the Accused for serving of summons and warrants. Once warrant is issued the concerned lawyer handling your case has to take steps to file the process application and get the warrant signed from the magistrate and send through SPAD or RPAD and then Yourself and your Advocate should make personal request to the concerned police station for serving of warrant if not the Warrants will not be served. The Cheque case will proceed once the accused is brought to court and then the magistrate will post for questioning and then the case will be posted for trial stage for adjudication. Once trial is commenced then the matter will be posted for Arguments and then judgement will be delivered. The accused has a right to appeal this order before the sessions court if the order is against him. The Accused will further appeal to High Court and so you have to either fix a proper lawyer or have to maintain patience to see the progress of your case.
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