LawRato

Legal remedy to make cheque bounce defaulter to appear before court


19-Jan-2023 (In Cheque Bounce Law)
I have filed a case against the person for Cha bounce. Inspire of court issuing summons twice the person hasn't come to the court ever. I am surprised court is also okay .. what should be the next step? We only keep seeking next date for more than 7 months now.. how can court make sure to make the person appear?
Answers (3)

Answer #1
637 votes
Firstly check the report of summons weather service has been done properly to the accused person or not. If the service of summons has done then you have to file application for issue non-bailable warrent. If summons not serve then you also file application under section 87 of CRPC for warrant.
Answer #2
569 votes
The court issue summons 2 times but person was not appear so now your advocate ask to the court to issue warrant against the person then only your case to be straight line according to the Section 138 of Negotiable Instrument Act, the person deemed to have committed an offence under section 138 then he will be punished with imprisonment for term that can extend up to 2 year or with fine which can be twice the amount of the cheque or both.
Answer #3
985 votes
If warrant issued and accused not coming to court then there are another steps. Ask your lawyer to get nbw ie non bailable warrant issued against the accused. In that case police will be duty bound to arrest the accused and produce before court. If police is not doing this still there is ways as to get a notice issues against SHO of that thana.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."