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Clarification on summon and notice in a cheque bounce case


21-Mar-2023 (In Cheque Bounce Law)
One of the private finance company issued notices for unsecured loan by bouncing cheques. But post man replied door locked. But we feel in one of the notice, post man replied refused to accept. We got one envelope today which had written "NIA" and was from some court. Since the person to whom it was addressed was not available so post man replied "door locked". Was it a summon or just a notice? Please give me more detail how can we be saved
Answers (2)

Answer #1
727 votes
Hello,

Cheque bounce case if you accept the summon then you have to appoint an Advocate and appear in the court. Otherwise court may issue bailable or non bailable warrant against you which may result arrest.
Answer #2
666 votes
It is very clear that after cheque bounced, the finance company issued notice u/s.138(b)of NI Act. It is sufficient "door locked" or refused endorsement for deemed service of post. Subsequently, the company filed private complaint in court and now the court issued summon. If the party refuses it, then the court shall issue bailable warrant.

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