First of all, I’m sorry for your loss. I understand how difficult it must be to handle legal matters while being overseas. Given that the case has been ongoing since 2018, there are several strategic steps we can take to expedite the process and bring it to a resolution sooner rather than later.
Key Strategies to Speed Up the Case:
- Filing an Expedited Hearing Application – The court has the discretion to fast-track cases that have been pending for long periods, especially in cheque bounce matters. A well-drafted application citing unnecessary delays can push the court to set stricter timelines.
- Strictly Objecting to Adjournments – Many cheque bounce cases get delayed due to unnecessary adjournments. If the opposing party is deliberately dragging the case, we can object and insist on a strict schedule for final arguments.
- Requesting a Time-Bound Trial – Section 143 of the Negotiable Instruments Act, 1881, mandates a summary trial, and courts are required to dispose of such cases within six months. We can file an application citing this provision, requesting the judge to follow a time-bound approach.
- Substitution of Legal Representative & Proper POA Execution – Since your father was the complainant, the court needs a formal application to continue the case through his legal heirs or a legally authorized representative. Ensuring this is properly executed will prevent procedural delays.
- Approaching the High Court (If Necessary) – If the case is stuck at the District Court level with no real progress, a petition before the High Court can be filed seeking directions for faster disposal. Courts often take such petitions seriously in long-pending cheque bounce cases.
The Advantage of Having Strong Legal Representation
Since cheque bounce cases require proactive legal handling, having an advocate who can push for quicker hearings and apply the right legal strategies can make all the difference. If you’d like, I can assist you in streamlining the process, ensuring all necessary applications are filed on time, and pushing for a quicker resolution. I’ve handled several such cases successfully and can ensure minimal delays while keeping you updated regularly.
Let me know if you’d like to discuss this further. Happy to assist in any way that helps you resolve the matter efficiently.
Best regards,
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