Procedure in case the cheque drawer does not attend court hearings

997 votes

in response to your query, i would like to inform you that you would not be required to attend all the court dates once to file a 138 case against the defaulter. However, you are required to be present before the court at the time of filing the case and while leading evidence. Subsequently, you will have to be present at all time the court requires you to be present and at the time of your cross-examination. You should also note that a convenient date could be taken from the court in order to secure your presence. Also please note that your presence in the court from time to time will pressure the court and the other side to conduct the cases is a quickly manner

Advocate Abhay Anand J LawRato

847 votes

you have to take a summons to the accused if the summons served to the accused. very next date the accused has to be attend before the Hon'ble court. if not again you have to take the Non bailable warrant against the accused through Superintendent of Police concerened accused resident Jurisdiction.

Advocate Lingesh KC LawRato

870 votes

See if you have already filed a NI case against the accused at your place then proceed that with your advocate. Trace the accused's where about and furnish the information to court to issue summons. If he is not receiving the summons then ask for hand summons and issue it to the accused through the help of police personally or ask for proclamation. Consult your advocate.

Advocate Rajesh K.S LawRato