138 case
Querist :
Anonymous
(Querist) 13 December 2011
This query is : Resolved
a man gave me a cheque and it was bounced and the man is absconding with his family. i filed 138 and now gave proclaimation in a news paper. CAN I GIVE HIS FOTO WITH NAME (ON MY OWN- NOT WITH COURT'S PERMISSION) IN NEWS PAPER SO IT WILL HELP ME TO FIND HIM. IT SHOULD NOT AFFECT MY 138. OR WHAT ELSE CAN I DO TO FIND THIS MAN? REALLY NEED YOUR HELP. THANX APPRECIATE IT.
ajay sethi
(Expert) 13 December 2011
you have followed dueprocess of law. since he is declared absconder court has issued proclmation in his name .
you can hire services of private detective if you so desire to find him . he will try to meet his family. engaging services of detective will help you more than giving his phto in newspapers
Advocate. Arunagiri
(Expert) 13 December 2011
You can apply to the court for proclamation, then you can issue paper notice.
Shailesh Kumar Shah
(Expert) 13 December 2011
without court permission, you should not done such.
Raj Kumar Makkad
(Expert) 13 December 2011
If you have definite information about the immovable properties of such accused then I suggest you to file a civil suit for recovery on the basis of this cheque and obtain an attachment order under order 38 rule 5 of cpc and later on get it auctioned and recover your money with interest and cost.
Raj Kumar Makkad
(Expert) 13 December 2011
There is no need to have his personal presence in the suggested case as he shall be proceeded as ex-parte and accordingly case shall be decided within a short period. Paper publication can be made for the notice to such person through court.
You cannot derive much from 138 NI Act by way of your desire.
V R SHROFF
(Expert) 13 December 2011
Agreed with Raj.
If you want to publish Photo with intend to tarnish his image etc, First file 420 cr complaint with Police with his Photo & details how he cheated you, then let Reporters Publish his Photo as cheater in News Paper as News.
Querist :
Anonymous
(Querist) 14 December 2011
THANX ALOT MR. V.R.SHROFF, MR. RAJ KUMAR MAKKAD, MR.SHAILESH SHAH, MR.ARUNAGIRI, MR. SANKAR NARAYANAN AND MR. AJAY SETHI...REALLY APPRECIATE YOUR HELP.
Shonee Kapoor
(Expert) 14 December 2011
And why give photo? You want to defame him?
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ashutosh mishra
(Expert) 14 December 2011
MR. V.R.SHROFF & MR. RAJ KUMAR MAKKAD have given you positive suggestions those lead to realization of your debt which should be your purpose.
Querist :
Anonymous
(Querist) 15 December 2011
GIVE FOTO FOR WHAT?....BY MR.SHONEE KAPOOR.
JUST TO CATCH HIM. HE HAS TAKEN LOT OF MONEY FROM MY DIVORCE SETTLEMENT AND NOW ABSCONDING. I GOT EX-PARTY CRIMINAL AND CIVIL JUDGEMENT BUT ITS USELESS BECAUSE HE HAS NO PROPERTY HERE WHICH I CAN ATTACH AND I DONT FIND HIM EITHER. SO THE POSITIVE JUDGEMENT FROM THE CORT OF LAW IS NO USE FOR ME. WHAT CAN I DO AND WHERE CAN A SINGLE MOM GO WITH SUCH A HUGE LOSS?
I WAS WONDERING, BECAUSE I HAVE FILED 138, THE POLICE DONT FILE 420 AGAINST THIS MAN. WHAT IF I WITHDRAW MY 138 NOW AND FILE 420, CAN POLICE DO IT? WHAT IS THE PROCEDURE FOR THAT? PL SUGGEST... THANX YOU ALL AND HAVE A WONDERFUL DAY.
