Legal Question in Criminal Law in India

Under s.138 of NI Act.

I am representing one limited company. we have filed one petition in lower court for dishonour of cheque u/s.138 of NI Act. Now court summons not serving due to change in accused addresses. Actual fact- we have supplied certain products to the accuseds against they paid due amounts by way of cheque which dishonoured. we contact to the bank also but they have also the same addresses which we have. Not a single fact i have ignored so kindly guide me in this type of situation what we have to do because matter is pending and we have to provide new addresses to the court. please also guide how we can trace the addresses of the parties. lastly please suggest how to proceed in the court in subject matter. As far as details are concerned we have- Original Cheque, Invoices, Delivery order, purchase order(accused), unserved legal notice copy. sir/ madam we have also search by way of web site but not a single clue we have. kindly guide and give suggestion for further proceedings.


Asked on 5/05/09, 12:06 am

9 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Re: Under s.138 of NI Act.

Pray for a Warrant on the ground that accused is untraceable or absconded with further directions to communicate all the police stations to search for the inform about the accused.

If the warrant is not executed, apply for proclamation to be published in newspapers.

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Answered on 5/05/09, 1:47 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Under s.138 of NI Act.

the address cannot be traced unless you hire some detective agency or an investigation is carried out. till the time addressed is not traced, you may sine die your complaint and reopen the same when u come to know of his whereabouts.

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Answered on 5/05/09, 2:17 am
Pranav Desai PD Legal & Associates

Re: Under s.138 of NI Act.

Obtain direction from the court for paper notice or warrant and if the warrant is not served then proceed for proclamation. However, proclamation is worth doing only if you are aware of some other assets of the accused.

Further, you can also file a summary suit for recovery of money aganinst the accused.

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Answered on 5/06/09, 6:08 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Under s.138 of NI Act.

You may want to consult an advocate by showing all your documents. The accused may be served at his last known address or at the address available with the bank. if accused does not cause appearance despite service, you may request for declaring him a "proclaimed offender" and seek attachment of his property.

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Answered on 5/06/09, 6:40 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Under s.138 of NI Act.

You may want to consult an advocate by showing all your documents. The accused may be served at his last known address or at the address available with the bank. if accused does not cause appearance despite service, you may request for declaring him a "proclaimed offender" and seek attachment of his property.

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Answered on 5/06/09, 6:40 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Under s.138 of NI Act.

You may want to consult an advocate by showing all your documents. The accused may be served at his last known address or at the address available with the bank. if accused does not cause appearance despite service, you may request for declaring him a "proclaimed offender" and seek attachment of his property.

Read more
Answered on 5/06/09, 6:40 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Under s.138 of NI Act.

You may want to consult an advocate by showing all your documents. The accused may be served at his last known address or at the address available with the bank. if accused does not cause appearance despite service, you may request for declaring him a "proclaimed offender" and seek attachment of his property.

Read more
Answered on 5/06/09, 6:40 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Under s.138 of NI Act.

You may want to consult an advocate by showing all your documents. The accused may be served at his last known address or at the address available with the bank. if accused does not cause appearance despite service, you may request for declaring him a "proclaimed offender" and seek attachment of his property.

Read more
Answered on 5/06/09, 6:40 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Under s.138 of NI Act.

without address summons can't be served.

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Answered on 5/05/09, 8:51 am


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