Legal Question in Banking Law in India

I have been charged u/s 138 N.I.Act & issued a summons (Section 68 of the code of criminal Procedure Schedule V. Form 1) in the court of Deepak Sherawat, MM Dwarka Court New Delhi.

My hearing date is 24th Aug 2009, under Sarfesi Act. Case is filed by India Bulls Financial Services Ltd.

My question is i am staying in Mumbai, and the summons is of Delhi, if i will not attend the court. Is there any serious action taken by the court. Because i will not be able to go the Delhi for the same.


Asked on 8/18/09, 2:53 am

4 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

its better if you engage a delhi lawyer and he would represent you in the court of Sh. Deepak Sherawat in Dwarka Courts. the lawyer would take the exemption on the next date of hearing as you based in mumbai. how much is the cheque amount and the SARFESI proceedings are pending in delhi or mumbai. you may call me at + 91 9811284735 for further assistance.

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Answered on 8/18/09, 3:27 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Yes, if you do not appear in response to summons, the court may issue your warrants for appearance and you have to be taken into custody for producing in court.

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Answered on 8/18/09, 8:41 am
J. Radhakrishnan independent Practice

You will have to appear. Engage an advocate and for material hearings you have to appear. If u fail, the court at Delhi will issue first bailable warrant and some times non bailable warrant to Mumbai Police and you will be taken into custody and produced before the Delhi Court.

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Answered on 8/18/09, 10:33 pm
Pranav Desai PD Legal & Associates

Warrant will be issued if you do not appear

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Answered on 8/19/09, 5:56 am


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