• Cheque bounce case - accused not coming to court

1. How to call the accused in the court in the case of cheque bounce if his/her lawyer is delaying the case everytime in court and accused is not being prensented in the court. What should be the way to present the accused in front of justice? 
The person who have filed the case is coming regularly in the court but the accused person is not coming in the court inspite of many reminders.

Why this type of law is being practised if supreme court has given direction dated( 21.04.14)to all the courts of the country to solve the 138 act cases.

2.Many times the lawyer of complainant and the lawyer of accused get united and delay the case and the person who have filed the case suffers.
So what is the way to fight our case ourselves because almost all the lawyers are delaying the dates.

3.When the cheque bounced the crime has been done already so why the lawyers are doing this and why accused is not coming in the court and why complainant is not getting justice.

4.In short please tell the way to find a good advocate who could win us this case and to present the accused in court regularly and his lawyer could not make fake statements to defend the accused.

5.WHAT IS THE FIXED FEES OF GOVERNMENT THIS PROCEDURE FROM STARTING OF THE CASE TO ENDING OF THE CASE AND WHY LAWYERS ASK THEIR FEES IN PERCENTAGE,THEY ARE NOT BUSINESS MEN,AND WE DO NOT LIKE TO GIVE OUR FEES IN PERCENTAGE SO TELL ME THE LEGAL FEES OF THE LAWYERS.
Asked 1 year ago in Criminal Law from Raipur, Chhattisgarh
Religion: Hindu
1. to 3. The lawyers are doing such things and our system is following such unfair practices because of earning money unfairly. Such unfairness is everywhere in our society. So, blame ourselves for not being able to change the system even after so 68 years of independence,

4. The most difficult part of litigation is selecting the correct lawyer. you shall havre to search around to select your lawyer,

5. There is no fixed or prescribed lawyer's fees. If you are agitated against any lawyer for his unlawful act against you, you can  lodge a complaint before the local Bar Association.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1. Ask the court ensure presence of the accused person. in default the court can issue W/A.
2. You can fight your own case. There is no bar. But considering the technicalities and law involved I doubt you can handle this. You better engage another lawyer.
3. To contest the case is everybody's right . it applies to even a murder accused person. So no exception is happening in your case.
4.Take a recce of the local lawyer. You will get information of good local lawyer.
5. Fees differs from lawyer to lawyer. Many lawyers appear on fees of daily basis and not on percentage  basis.
Devajyoti Barman
Advocate, Kolkata
5154 Answers
54 Consultations
4.9 on 5.0
1. The direction dated 21.04.2014 is being misunderstood by you.

2. If the accused does not turn up in the court then a warrant of arrest can be sought from the court against him.

3. How do you know that your lawyer and accused's lawyer have connived? Sometimes the case is to be intentionally 'delayed' to preempt the passing of an adverse order against the client. Dilatory tactic adopted by your own lawyer may be to safeguard and not compromise your legal interests.

4. We cannot search a lawyer for you.

5. In a democracy you cannot fix the fee of professionals such as lawyers, doctors, CAs and architects. A lawyer can charge any amount of fee as his fee. This being said, the Indian law, unlike in Europe and America, does not allow the lawyers to charge their fee as a percentage of the amount at stake in the case. You have the right to refuse to engage a lawyer who charges fee on a percentage basis.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1. How to call the accused in the court in the case of cheque bounce if his/her lawyer is delaying the case everytime in court and accused is not being prensented in the court. What should be the way to present the accused in front of justice? 
The person who have filed the case is coming regularly in the court but the accused person is not coming in the court inspite of many reminders.
If the accused is properly represented before the court by his lawyer then the court may not insist on his appearance on every hearing in such private complaints. 
You have said that inspite of many reminders the accused is not coming to court, who gave him a reminder?, If he is absent without any representation then the court will issue a bailable warrant against him.



Why this type of law is being practised if supreme court has given direction dated( 21.04.14)to all the courts of the country to solve the 138 act cases.
What is your query and what do you want to clarify with relevance to your above query?


2.Many times the lawyer of complainant and the lawyer of accused get united and delay the case and the person who have filed the case suffers.
So what is the way to fight our case ourselves because almost all the lawyers are delaying the dates.
If you are a complainant you may have to go by the court proceedings, you cannot dictate your lawyer not to speak to opposite lawyer, no lawyer is a slave to you. 



3.When the cheque bounced the crime has been done already so why the lawyers are doing this and why accused is not coming in the court and why complainant is not getting justice.
Do you think that by the accused present in the court you will get the relief immediately, the court will observe the  proceedings as per law.  If you are satisfied with the presence of accused alone in the court how do you think the case will progress.



4.In short please tell the way to find a good advocate who could win us this case and to present the accused in court regularly and his lawyer could not make fake statements to defend the accused.
No advocate can guarantee success in he case he takes up.  If the opposite lawyer is putting up a strong defence, you ask your lawyer to break the defence, if your lawyer is incapable or not cooperating with you, then you may think of changing your lawyer who you suspect to act against your interests. 


5.WHAT IS THE FIXED FEES OF GOVERNMENT THIS PROCEDURE FROM STARTING OF THE CASE TO ENDING OF THE CASE AND WHY LAWYERS ASK THEIR FEES IN PERCENTAGE,THEY ARE NOT BUSINESS MEN,AND WE DO NOT LIKE TO GIVE OUR FEES IN PERCENTAGE SO TELL ME THE LEGAL FEES OF THE LAWYERS.
There is fee fixed by the government because lawyers are not government servants. If you are not comfortable with your lawyer you can very well change your lawyer and look for a person who will nod his head to all your dictates. 

T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Criminal Lawyers

T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5154 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
869 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
425 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0