1) you can engage a lawyer and contest the case
2) file your detailed reply
3) if you dont appear or engage lawyer court can decide appeal based on evidence on record
Cheques signatory
I have ongoing court proceedings against a husband and wife for bounced cheques for a completed property contract/agreement. These court proceedings have been continuing for nearly 5 years. The husband signed the cheques and is claiming his wife should be released from case as she did not sign or issue the bounced cheques. The original court ordered that she should remain in the case. They appealed to sessions court who also ordered that she should stay in the case. They then appealed to High Court of Bombay who also said she should stay. Now they have appealed to the Supreme Court. I have been sent a Show Cause notice from Supreme Court. The main case is against the husband and even if the wife is out the case continues. How is it best to proceed with this Show cause notice. Can I simply send a letter to The Supreme Court setting out my reasons I feel she should remain in the case. Or should I do nothing and hope that The Supreme Court supports the 3 lower courts decisions
Asked 6 years ago in Criminal Law
Religion: Christian
14 Answers
See first option is that you can approach the SC and can contest on merits as done at lower courts and if SC rejects he has no option and wife name is there ,.It may create more pressure to settle and give complete amount and interest and complete proceedings early.
Or you can let the SC proceedings go ex-parte the court may or may not remove her name and after order the case will commence.
In my view you have to engage an advocate.there and contest the case in SC.
Better u seek the detailed consultation by disclosing complete details in this case, so that exactly can be suggested to do
To engage an Advocate for SC is a very expensive thing to do. Also I may not win as they do have a technical point that she did not sign the cheques. The bounced cheque case will go on with her or without. But if she is in its better.. The husband will take final ruling to SC as well so I will have to contest then again...Will I get my legal expenses awarded if I successfully contest these cases. As this case has gone on for 5 years will I get interest awarded...The defendant is delaying the proceedings at every point and enjoying ongoing interest
Asked 6 years ago
in that case let SC pass orders
2) you should have filed summary suit to recover your dues within period of 3 years
3) you could have claimed interest now claim is barred by limitation
Dear Client,
Even if you will not appear in court, SC will pass ex parte order. Writing letter will have no impact, still you can send. And in vary rare cases, SC take another view where concurrent feedings of lower courts up to HC to same. Rare possibility of his success.
Court will order compensation not interest. And once order passed in yuor favor, He/she will be order jail term, so let once case decide. You will be up front.
See it is correct that they have technical ground as a person who has not signed cheque cannot be made accused 138 NI proceedings though cheating case and breach of trust she can be accused.
You may not get such high expenses. Further based on what ground high court rejected her application to remove her name.
Hi,
Your opponent is using all ways to frustate you by delaying the case. In three places he has seen the defeat and at final place, you are not supposed to loose hope rather reply the show cause strongly and deposit the same to court. If you find difficulty in engaging the advocate of Supreme Court, you may seek assistant of legal aid or you may defend the case in person. This means that you may stand in supreme court and defend the case yourself. It is informed that all the proceedings of supreme court are held in english language only. Keep in mind that your strong defence matters a lot here and you must submit your reply to court registry in time.
1. since you are a party respondent in the SC petition, it is in your interest that you reply to the show cause notice to put forth your case against the petition, moreso since the petition is already admitted by the SC and you have been issued a SCN
2. But i do understand that going to SC is not without expenses
3. in such a situation you can make an affidavit in reply to the SCN and forward it to the petitioner and his SC lawyer
4. you can write your reasons in that affidavit why you are unable to appear personally or through a lawyer to defend you in the matter
5. a simple letter as a reply to the SCN will not be sufficient. The reply has to be in affidavit form and sworn or solemnly affirmed before a public notary or court office. So do that, instead of that letter
You need to engage a lawyer in the SC who may represent you in the court
Legal expenses will not be paid but certainly you will get more amount than the amount of the cheque.
Let me know if I can be of any assistance.
Regards
Since you have received notice from supreme court, you may have to either appear as party in person or engage the services of an advocate and file your objection in the form of counter until the supreme court may decide in their favor if you are keeping silent.
Dont take a risk.
First of all you may see if the case is decided in yor favor or not and then think of going up to supreme court.
If you decide about leaving the supreme court notice or ignore it then you may not get a decision in your favor which may become a disadvantage to your case in the trial court too.
You are the better judge of your case hence you may decide accordingly.
The court will not order to pay interest for the period of delay in the case or for the long tried case.
You can reply to the said show cause notice and put your version before court. If you can't afford you can contest it yourself
Dear
If Hon'ble Supreme Court has sent you the notice for show cause then it's your duty to reply for the same because if you don't reply to the notice there are chances that decision would be adverse for you.
