Cheque bounce
Querist :
Anonymous
(Querist) 26 February 2024
This query is : Resolved
I have won the case of cheque bounce, the court has given its judgement. Now we even filed execution. The accused is not taking notice from court to pay the devided money to court.
We are serving the second time, and his parents say, hes out of town and not accepting the notice.
What do we do now? Even after winning the case,im not getting my money.
T. Kalaiselvan, Advocate
(Expert) 27 February 2024
Cheque bounce case is a criminal case, hence there is no question of filing execution petition or serving the notice to the accused once he has been convicted.
You may revert with details if you require proper opinion
Querist :
Anonymous
(Querist) 27 February 2024
We had filed it under recovery suit, not criminal case. Hence filed execution petition. N9w hes not accepting the court paper (notice/summons).
How many times court will send it?
If he nvr accept it, how to recover the money?
T. Kalaiselvan, Advocate
(Expert) 27 February 2024
If it is a money recovery suit, then it is not cheque bounce case.
If you have filed an EP, and he has refused to receive the notice, you can get an exparte order against him and get his property attached to realise the EP amount.
If he has no property then take steps to arrest him through court ameen.
Advocate Bhartesh goyal
(Expert) 28 February 2024
If judgment debtor intentionally avoiding service of notice then ourt may pass ex-parte order against him and proceed for further lawful necessary action and attach his property .
Querist :
Anonymous
(Querist) 28 February 2024
Thank you very much for the reply Adv.Kalaiselvan and Adv. Bhartesh.
Great help
