One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
Mr. X had filed a criminal case against Mr. Y for cheque fraud on DD/MM/YYYY. The case involved a dishonored cheque worth substantial amount given for a business transaction. After filing the complaint under relevant sections, the court issued summons to Mr. Y. However, Mr. Y deliberately avoided accepting any summons sent to his known addresses including his residence and business premises. Each time the court staff or postal department attempted delivery, either Mr. Y was not available or his family members refused to accept the documents. This resulted in multiple adjournments as the case could not proceed without proper service of summons. Mr. X became frustrated as his lawyer seemed unable to provide effective solutions for this common but problematic situation. The hearing dates kept getting postponed, delaying justice and causing financial stress to the complainant.
Advice in Such Cases
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
File an application for substituted service when normal service fails repeatedly. Request the court to allow service through newspaper publication or pasting on the accused's property. You can also apply for attachment of accused's property to compel appearance. Consider hiring a private agency for better tracking of the accused's whereabouts.
Applicable Sections of Law
Under the Bharatiya Nyaya Sanhita (BNS), Section 316 deals with dishonor of cheques for insufficiency of funds. The Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 63 to 70 govern the service of summons and warrants. Section 82 of BNSS allows for proclamation and attachment when accused absconds. Section 84 provides for declared proclaimed offenders. These provisions ensure that justice is not defeated by accused persons deliberately avoiding legal process.
If You Are the Complainant
- File application for substituted service after normal attempts fail
- Request court to issue bailable warrant against the accused
- Apply for attachment of accused's movable and immovable property
- Provide all known addresses and contact details of accused to court
- Maintain detailed records of all service attempts and their outcomes
If You Are the Victim
- Document all financial losses caused by the dishonored cheque
- Preserve original cheque and bank return memo as primary evidence
- Collect witness statements from persons present during cheque transaction
- Maintain correspondence records with accused regarding payment demands
- File complaint within limitation period to avoid case dismissal
How the Police Behave in Such Cases
Police generally do not investigate cheque bounce cases as they are summary trials under BNSS. However, they may assist in serving summons if court directs. Police cooperation is usually forthcoming for attachment proceedings and executing warrants. They maintain records of proclaimed offenders and can help locate absconding accused. Police role becomes more active when non-bailable warrants are issued.
FAQs People Normally Have
Can summons be served digitally? Yes, courts now allow electronic service through email or WhatsApp with proper court orders.
What if accused has no fixed address? Court can order service through newspaper publication after due diligence.
How many service attempts are required? Generally three attempts at different times, but varies by court discretion.
Can case proceed without accused presence? Yes, through ex-parte proceedings after proper substituted service.
What Evidence Is Required?
- Original dishonored cheque with bank seal and signature
- Bank return memo stating reason for dishonor
- Legal notice sent to accused demanding payment
- Postal receipts and acknowledgments of notice delivery
- Account statements showing insufficient funds
- Agreement or transaction documents establishing debt
- Witness statements regarding cheque issuance
How Long Will the Investigation Take?
Cheque bounce cases are summary trials typically concluded within six months to one year. However, when accused avoids summons, cases may extend to 2-3 years. Substituted service procedures add 2-3 months. Ex-parte proceedings can expedite resolution once proper service is established. Court efficiency and lawyer competence significantly impact timeline.
Advocate Sudhir Rao, Supreme Court of India
Facing a similar matter? Speak to a criminal advocate in Delhi — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.