Ni act 138
A Post dated cheque of Rs.25000 was issued as a guarantee of a work which was to be completed by cheque holder, but due to non completion of assigned work by cheque holder upto due date the payment of cheque was stopped. Cheque holder filed the suit against NI act 138 plotting his own story that cheque was issued against pesonal loan. The legal notice, 7 summon, 12 B/W , 5 NBW_82-83 orders was not served to accused due to wrong address given by complainant from time to time and due to involvement of official of courts. Accused (a govt. officer in Lucknow) on information of police visited the police station (eve of friday) who was kept in custody at night showing the NBW-82-83 orders of court and next day being holiday he was sent to jail (Kanpur Central). Accused was released after acceptance of bail on eve of Monday. Complainant is escaping from cross examination after some statement recorded by him. Case was filed in June 2010 and in July 2013 the accused was arrested. Cross examination of complainant is still pending in the court of Kanpur Nagar. What is the best remedy available in law to complete the proceedings shortly to avoid the harassment on day to day presence before court? Whether suit for fraudulent action against complainant and court's official can be file before completion of proceedings of NI act 138 going on at Kanpur Nagar. Whether appeal under crpc 482 can be made in High Court. Please tell me the best remedy available in Laws.