138 case ex party

satish (Querist) 02 February 2015 This query is : Resolved
In one cheque bouncing case the accused ran away after getting advocate notice and has not presented in the court a single time. Can the judge give ex party judgement? How should i recover my money as we don't even know about the accused present location and he did not have any property etc in his name

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Devajyoti Barman (Expert) 02 February 2015
Yes, if the accused remains absent then w/a can be issued against him. if t continues then judgment in absentia can also be passed.

P. Venu (Expert) 03 February 2015
Proceedings under Section 138 is a criminal proceeding. The Court can proceed against the absconding accused; but the complainant cannot get any relief, ex-parte?

Rajendra K Goyal (Expert) 03 February 2015
Prey the court to issue arrest warrant against the accused.

Nadeem Qureshi (Expert) 03 February 2015
nothing left to add.

but for recovery of your money you may file a civil suit for recovery before civil court and get a decree from the civil court and within 12 years you may execute the same.

T. Kalaiselvan, Advocate (Expert) 03 February 2015
Even arrest warrant will be pending in the event of the accused is not traceable. So better file a civil suit too simultaneously so that you can file an EP in that exparte decree once he is emerging from underground at a later stage.

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