• Cheque bounce case

We have filed case in court for bounce cheque amounted rs 70 lakh. Non bailable warrants issued but party did not represent yourself yet. After 1.6 year long time we are at stage that court issued order to local SHO to arrest.
We have not given any chance to put our thoughts  before magistrate yet. We are facing great financial difficulties. And I think normal court proceedings take long time.
My questions:
1. Is there any way to make proceedings fast on reason of our great financial difficulties?
2. How much time it will take further if party shall not come?
3. The payer also have good lawyers. Then on which point their lawyer thoughts they can save payer evwn after not representing after arrest warrants?
4. Non representation by payer in court is beneficial or not for us?
Please mark my answers in points.
Thanks...
Asked 4 months ago in Criminal Law from Rewari, Haryana
Religion: Hindu
1.  You can obtain direction from high court for expeditious trial, but how far it will be effective cannot be predicted because the NBW itself is not being executed so far. 


2.  You have to initiate process to catch the accused through police by executing the non bailable warrant and see how long you take to execute the same.


3.  Once a NBW is issued, it becomes the duty of the complainant to execute it.  The complainant has to initiate appropriate legal action to execute the nBW through concerned police.  The opposite lawyer cannot be expected to cooperate with you.


4.  What is the use of filing a case before the court when you are unable to progress the case any further. 
T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
5.0 on 5.0
1) you should simultaneously file summary suit to recover your money 

2) if you dont file summary suit within period of 3 years claim would be barred by limitation 

3)cheque bouncing cases take 5 years to be disposed of 

4) court would not expedite case because you are in financial difficulties 

5) lawyer  would not represent accused  in 138 NI case  if accused has failed to pay their legal fees

6) it is not beneficial to you if accused does not appear . lot of time gets wasted in issue of non bailable warrants waiting for report etc
Ajay Sethi
Advocate, Mumbai
23155 Answers
1216 Consultations
5.0 on 5.0
1. Non representation by payee is by no stretch of imagination beneficial to you as it is delaying thd case. If he is now not arrested and produced before the court then you may move the HC for the execution of the warrant and also to expedite  the proceedings.
Ashish Davessar
Advocate, Jaipur
18083 Answers
447 Consultations
5.0 on 5.0
You have to file an application for handed over the warrant by hand and find out the accused and catch him with the help of police by executing the non bailable warrant.  Also approach the high court for speedy trial. 
The opposite advocate is try to take a condition that the cheque issued to you was only for security and it is not valid and enforceable one. You have to prove the contrary 

If the accused is not present before the court then your case will drag to long time for executing the balance procedure kept in court 
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
5.0 on 5.0
1. You can approach the high court for speedy disposal and getting direction of arrest of the accused within time prescribed. You can also approach to concerned police and get arrested the accused by approaching higher officials of the department.  
2. The case will adjourn until the accused get arrested and brought before the Court. Instead of waiting for arrest of the accused you can seek relief of proclamation of properties of the accused by filing a petition to that effect. The court will consider proclamation if you seek through a petition that will make fact conclusion of your case.
3. Having good lawyers make no difference in case. You just pursue your case and pressurize concerned police for get arrested the accused and let him appear before the court. A cheque bounce case is purely defends of technical aspects viz., legally enforced debt, the cheque must be issued towards part or full discharge of legally enforceable debt, cheque must be deposited for encashment within its limitation, the cheque must be return for the reasons applicable under NI Act, Statuary legal notice must be sent within stipulated time to correct address of the accused and the complaint must be filed within stipulated time etc., 
4. Either you or your lawyer must appear before court on hearing date of the case. Non representation on behalf the accused will not make any difference. if the NBW pending generally no lawyer will appear on behalf of the accused in fact he has no reason to appear before teh court. If NBWs executed then the accused lawyer will appear by filing a bail application.   
Lakshmi Kanth
Advocate, Hyderabad
223 Answers
2 Consultations
4.8 on 5.0

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