Summoned by Magistrate in Calcutta for cheque bounce which i paid

In Cheque Bounce Law
Hi, I had a loan for which I gave a security cheque to the finance company. The cheque got bounced and after that I paid the full and final amount. All of a sudden I received a summon from court in Calcutta. Under 138 b. I have paid all the dues. I have the receipt. Still court is asking me to come to Calcutta on Aug 18. I have a job and can't come. What should I do.

Answers (5)

298 votes

You have to engage a lawyer like me who will give a representation on your behalf . For that you have to take a quick decision . Otherwise warrant will be issued against you . On that day your lawyer has to file a petition under section 317 Cr.p.c. . By that time he will need some documents like the copy of the complaint, copy of your summon and a Vakalatnama signed by you.

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255 votes

Dear client,
As per the details given by you, I would suggest that as a case has been filed against you then you have to be present before the court at least for once and place your pleadings before the court because the court is not aware of the present scenario your case and neither the complainant has made it aware to the court , so you have to state the fact before the Court after appearing before it.
And as the complainant has filed the instant case you can file a defamation suit and also can claim damages from the complainant.

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239 votes

As a criminal case has been registered against you, if you or your appointed advocate does not appear then a warrant is likely to be issued against you. Appear in court and submit the proof of payment

101 votes

I understand your case .The reason might be you had paid the amount after the institution of the case by the company. Once a case has been instituted u/s 138 N I act, any amount paid will not put an end to the case unless the company filing the prosecution withdraws the same. The same situation has been happened with several of my clients. One of such case was from C M M court, Calcutta. The reason might be lack of communication between the lawyer who has been conducting the case on behalf of company and the official of company. It this case the option before you that the company to withdraw the case, but , you shall appear before the court as you have received the summon.

285 votes

Dear Client,
As you have received the summon issued by the Learned Court you have to appear before the Court on date fixed i.e 18th August or through your Advocate otherwise the learned court has the may issue warrant against you. To prove your case you need to appear before the court.

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