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Section 138 Cheque bounce Court Summons not served.


14-Feb-2023 (In Cheque Bounce Law)
My Tenant Issued Cheques which Bounce. I initiated a case against him last year. The court issued Summons which I handed over to the police department. The police did not serve the summons for nearly 40 days and the tenant vacated the premises and disappeared. Now I keep getting dates as the tenant is not coming to court. IO keep paying my lawyer for dates. It has been a year. I want to cancel the case as it seems it will drag on for years and I will end up losing more money in lawyer fees.. What is the procedure
Answers (2)

Answer #1
792 votes
Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for or with fine which may extend to twice the amount of the cheque, or with both: Provided that nothing contained in this section shall apply
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People also ask

What happens if legal notice is not received?

The person who received the notice will be held responsible if it is not delivered. The address could be incorrect or the person trying to avoid receiving it.

What happens if you don't receive a court summons?

It is not mandatory to attend court if you do not have the summons. Keep an eye on proceedings in the case. The complainant could get a warrant against you if he shows that summons was duly served or the accused refused to accept it.

What happens if you skip summons?

You do not need to follow the instructions. If you ignore the summons you are likely to lose your case. The court will decide in most cases that the person who is suing you wins the case. The court may decide that you need to pay money, or stop doing something. 14-Aug-2023

  
Answer #2
716 votes
first of all, you need to convey to the court the permanent address of your tenant which would normally be visible on his KYC documents attached to the agreement. once this address is intimated to the court, fresh summons / warrant can be issued on this address.
If however, you have made up your mind to withdraw the case, you can either personally or through your lawyer file a simple application stating reasons and praying for withdrawal of the case. file a separate application for refund of court fees.
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