Bounce chq case
Rajesh Kumar
(Querist) 12 February 2011
This query is : Resolved
I hv filed a bounce chq case for rs 75000/-in apr09 and till date person not came to court in any date of case. Although he know that case is going on. He is changing his permannent address time to time but notice is going on his permannend adddress where his family is living. Nonbailable warrent issued agst him but where he is living nobody knows.I hv signed to process a form for declaring bhogra to him through court. But I am confuse whether any thing will happen now.Pls someone help me what should I do.
M.Sheik Mohammed Ali
(Expert) 12 February 2011
if the accused having any assets, you can attached through court, you can check he has got any assets in his name and file for attachment.
Out of Court
(Expert) 13 February 2011
wait till he appears as this a only hope, and as the default in the 138 NI is the strict liability to the issuer of cheque, attachment of any property has several constraint....
vijayan
(Expert) 13 February 2011
Following are the procedures in the instant case.
The accused is a living person. He is not there in his permanent address. Summons and warrants issued against him in the permanent address. The complainant is sure that the accused is evading the processes of the court by leaving the place of residence or by some other acts.
You look, what is the endorsement made by the police in the unexecuted returned warrant. Make sure that the accused willfully evaded warrant. Then the court shall proceed with the procedure to attach the properties of the accused and declare him an absconder. You don't worry, all these are the procedures of the court and you and your counsel need watch these procedures to expediate it.
police shall file report of the revenue authorities regarding the property of the accused and then the court shall proceed to attach the property of the accused if any and declare the accuse as an absconding accused and move the case in to the long pending case record. Case shall not be lost due to the willful non appearance of the court. Absconding warrant against the accused will be pending without any stipulation and whenever you trace out the accused , inform the matter to the nearest police station or concerned court and arrest the accused .
WHATSAPP 91-8075113965
(Expert) 13 February 2011
first find out the whereabouts of the accused and then file apetition to hand over the warrant to yourself and try to get it executed with the help of police.
this is the general procedure adopted in 138 cases.
Sri Vijayan.A
(Expert) 14 February 2011
Mr.VIJAYAN is right.
If the accused could not be found, try to attach his properties which includes movable and immovable.
But in the EP, you may have to list out the possible things that are to be attached/ seized from his residence.
Selva Kumar
(Expert) 14 February 2011
in the mean time you may try to recover the amount through civil suits by filing the said cheque as suit for recovery of money
DEFENSE ADVOCATE.-firmaction@g
(Expert) 12 February 2011
