U/S 138 NI ACT - CAN WE GET EXPARTE ORDER?
Advocate.S.A.Siddiq
(Querist) 07 April 2010
This query is : Resolved
In Negotiable Instument act sec 138, case filed. accused not present before the court, the court declared proclaimed offender, properties of accused are not attached, in this position , can we get exparte order from court? ( with the punishment order u/s 174A IPC ) Please explain my dear experts...
B K Raghavendra Rao
(Expert) 07 April 2010
In any criminal proceeding, accused must be there to face the punishment. What could be done even if punishment is awarded and could not be implemented for want of accused. Therefore, if accused is not produced before the court, complaint under NI Act fails.
Kiran Kumar
(Expert) 07 April 2010
how can an accused be convicted without being heard?
there is a difference between civil procedure and criminal procedure.
when a person is already declare PO then follow with the consequential proceedings but i dont think there could be some exparte order for conviction.
Raj Kumar Makkad
(Expert) 07 April 2010
No any possibility to invoke the sections cited by you for the reasons already explained by learned experts above.
