S 138 - accused absconding
Aakshaye
(Querist) 20 June 2016
This query is : Resolved
Accused is a 30+ year old lawyer and is currently not to be found. He has taken very large sums of money from many people , and a few have done cases on him.
1. he was put in jail, but allowed to leave after he paid bail. he is out on bail on a FIR report s420 / 428 . judge gives 6 month date. he has nowed for the last date.
2. he has 2 cases (1 party) under s138 in esplanade court , mumbai . he has signed consent terms in court , and agreed to pay. but now is not appearing and has no legal representation. judge gives bi-monthly date.
3. he has 1 cases (1 party senior citizen widow lady) under s138 in esplanade court , mumbai . he has signed consent terms in court , and agreed to pay. but now is not appearing and has no legal representation. judge gives 1 monthly date.
4. he has 2 cases (1 party) under s138 in bandra court, mumbai . no legal representation. judge gives date.
5. he has been ordered by bombay High Court to appear in court for a seperate matter, and the police are unable to find him.
6.There have been 2 articles in TOI against this lawyer and his acts.
7. Bar council Mumbai and Goa has been notified of all facts and 2 seperate cases have been lodged against him, however they expect us to find him and bring him. he has not appeared even once. his notice has not yet been delivered.
8. his wife claims to have left him and has no idea where he is.
what route can we take ? how do we find justice ? we are the ones suffering by going diligently on every case date, but disappointed with another date and a no=show on his part. all party lawyers are losing interest .
is it so easy for an advocate to find loop holes in s138 and con innocent people by taking their money , and get away with it ?
i need an expert's honest opinion,
will we get justice ?
will we get our money back ?
will i get interest on it , as he has signed on my consent terms ?
can he be found ?
adv.bharat @ PUNE
(Expert) 20 June 2016
Give public notice along with his photo in local news paper for his fraudulent activity.
Be live that u will get justice.
Advocate/CS Sanjeev Kataria
(Expert) 21 June 2016
Pray the court to initiate 82/83 proceeding as he is not appearing. After that follow up with local police for his arrest.
Rajendra K Goyal
(Expert) 22 June 2016
Agree with the expert Advocate Sanjeev Kataria.
Dr J C Vashista
(Expert) 22 June 2016
Consult your lawyer and request him to proceed to get the accused declared as "proclaimed offender" and attachment of his property.
