My several cheques have bounced and we have sent notices but drawer is absconding. What is the next step? What should be the expected fee for advocate to file suit?
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Hi
You will have to file a complaint under 138 of NI act within the time limitation.
Try to find out the possible address where a notice from court can be send if he is absconding a warrant has to be get issued against him once the summons returned.
Did he receive the notice or it returned?
The advocate fee is depending on the lawyer who takes up the case as itis different from lawyer to lawyer
With the proof of the legal notices sent to the accused, you may file cheque bounce cases against him in the jurisdictional court of law for proper legal action against him/her.
1. If the notice is served then file the case u/s 138 NI Act.
2, if he remains absent court would issue W/A and then would proceed ex parte and pass the judgment.
3. Then his property would be attached.
1. You can now proceed to file the case of cheque bounce in the court. The court can order the police to arrest the drawer and produce him in the court.
2. There is no fixed criteria respecting the fee of the lawyer. Lawyers are free to charge the fee they desire.
1. Publish the notice in two local Newspapers one being in Vernacular and other in English,
2. Fees of Advocates vary from place to place and Advocate to Advocates.
I have already sent notice to him but of no avail. Will court issue summon or warrant if i file case u/s 138 NI? How publishing in the newspaper it is going to help even if someone calls me about his whereabout? Police is not supporting us and asking us to file case and they will act upon only when court orders them.
yES, IN 138 case the court will issue W/A if he remains absent.
Ask the service of notice through the office of commissioner/SP.
You have to file a cheque bounce case in the criminal court of law based on the registered legal notices sent and returned undelivered. The court after taking the case on file, shall issue notice to the accused and not a warrant straightaway. No question of paper publication in criminal cases.
1. The court will issue a warrant against him if he does not appear before it. You cannot make a publishment in a newspaper except without the orders of the court.
2. Police has no role to play in a case of cheque bounce as it is a private dispute. It will come into picture only if there is a binding order passed by the court.
if drawer not responding your notice within 30 days then after the 15th day from the last date of notice you may file complaint before first class magistrate. no need to give public notice. notice to his residential address is enough.
police can't file FIR in the cheque bounce case. police has no right to lodge FIR and initiate investigation. it is purely complaint case which shall be initiated by the holder of the cheque after arising of cause of action
court has no right to pass order for investigation..... it is complaint case and complainant shall record his statement and present all the relevant document like receipt of bank, notice given to drawer, and liability of drawer for which cheque was signed.
1. Yes. Court will issue Summons to him once you file the case u/s138 of N.I.Act,
2. Publishing the Summons/Notice in Newspaper is a legal formality after compliance of which the service of notice/summons is treated as good service,
3. After making good service of he Notice/Summons, you can proceed to the next stage of the legalproceeding,
4. Police is bound to act on being directed by the Court.