Hello,

In your scenario it is better to make payment of the cheque amount. Since you got summons from the court, the other party must have instituted a 138 NI Act case against you. So the best course is to enter appearance on the date of hearing and make a proposal to pay the cheque amount. This will save you from unnecessary legal hassle.

You may choose to contest the proceedings. In case you haven't received a mandatory notice stipulated u/s 138 NI Act, you may have a strong ground to contest. But agreeing to pay the money will end the proceedings quickly.

Regards,

Nishant

If you have received summons from court, you have to appear on that day and then propose to pay the amount so as to settle the matter.

If the notice was not received then you might have additional grounds which can only be ascertained after examining the case.

Feel free to contact on [deleted] for assistance.

Kind Regards

Setu Niket

Advocate

Since you have received the court summons the first thing that you should do is engage a lawyer and appear in the court on the date mentioned in the court notice as in the event of your failure to appear in the court on the required date non-bailable warrants may be issued against you and the police may arrest you in consequence thereof. You are not required to appear personally. the presence of your lawyer will suffice.

After putting in your first appearance before the court you should offer to pay the remaining instalments tot he finance company, or attempt to negotiate for a lesser amount. If you go for a contest then you will run the risk of being jailed for up to 2 years on conviction.