What if i do not appear in first hearing of case under 138 of NI act

797 votes

Kindly mention whether you are an accused or complainant as stating this thing will make me answer your query more appropriately to help you out as the court has different prospects towards accused and complainant.

Advocate Shivankar Mehrotra LawRato

572 votes

If no one would present in case hearing then there is 99% chance that magistrate will dismiss you case there and then.So i advise you to present yourself in hearing and request judge to allow you some time to hire a Lawyer.

WARM REGARDS
SUMEET MANDAL
(ADVOCATE)

Advocate Sumeet Mandal LawRato

622 votes

SUMMON MAY GET ISSUED ONCE AGAIN OR A BAILABLE WARRANT MAY GET ISSUED IN YOUR NAME

Advocate Urfee Haider LawRato

734 votes

An offence under Section 138 of the Negotiable Instruments Act is a criminal offence punishable with imprisonment which may extend upto 2 years along with a fine which may be double the dishonored cheque amount.
Not appearing before the Court can lead to issuance of Warrants, which might ultimately lead to your arrest. It is advisable that you contact an Advocate at the earliest to defend your interest before the Court.

Advocate Sanyya Pawar LawRato

594 votes

In a complaint filed under section 138 of the Negotiable Instruments Act, 1881, once the summons are issues and served upon the accused and the accused fails to appear on the date of hearing mentioned in the summons, Bailable warrants may be issued against the accused by the Ld. Magistrate. It is advisable that even if an advocate has not been engaged, the accused should appear in person to avoid such warrants.

Advocate Urvika Suri LawRato