What are the procedures to be followed when a defaulter of a "cheque bounce" case refused to accept the summons from the court repeatedly. My lawyer says he obtained a "hand summons" which I must personally delivered to him and obtain a the signature of the defaulter with date,time, and place. I am 76 years old and a heart patient.Can I approach the Police for help?
Situation : One of my known person borrowed Rs.50,000.00 stating that he urgently need the money to meet the expenses of his wife's treatment.Since I did not have ready cash I gave a cheque in his name for Rs.50,000.00 (Yes Bank)on 07-11-2017 which was cashed by him on the same day. He insisted that I should accept a blank cheque signed by him undated and without the amount. He promised to pay back the money with in a month. But even after many personal requests and telephonic conversation (he stopped taking my calls) after intimating him and with his conscent I deposited the cheque for Rs.50,000.00 on 03-08-2018 but it bounced showing insufficient funds. I contacted him through a friend but he did not respond. So I filed a case with the Magistrate's court on 26-10-2018 after serving him a legal notice through my advocate on21-08-2018 which he received on 28-08-2018.I have proof of India post tracking details. The summons sent by the court was not accepted by him and case was post poned twice and the third time on 02-02-2019. On 03-02-2019 I was told my lawyer that the hand summons should be collected from his office and I should deliver it to him and obtain signature from him with date time and place. How a 76 year old senior citizen who has undergone two heart surgeries in the past do that? Please advice me if I can approach the Police or plead to the court to arrest the defaulter.?
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