respected sir in 138 ni cheque bounce case i have filed case against accused wife. accused wife didnot appear in court and warrants were issued ; advocate commissioner was also appointed. vexed with the attitude and conduct of the accused wife in not approaching the court proclamation u/s 82(1) crpc was issued against the accused wife .paper proclamation u/s 82(1) crpc is also published in vernacular newspaper.
now section 83(1) crpc is filed in court in terms of moveable property of accused wife and is pending in court. i filed commercial tax department receipt(TIN DETAILS) of the accused wife showing accused wife as propreitrix of the shop. but the encumberence certificate(EC) shows husband of the accused wife as the owner of the shop. the court is not accepting 'TIN DETAILS' showing accused wife as the proprieterix of the shop as proof of evidence of ownership of the shop.the court says it cannot issue appointment of receiver in terms of the shop based on the 'TIN DETAILS' as the owner of the shop is husband in accordance with the encumberence certificate (EC) issued by the concerned SRO.
also is it compulsory or mandatory or imperative that section 83(1) crpc steps are to be followed after 82(1) crpc? cannot the court proceed under 174-A OF IPC and 229-A OF IPC immediately after 82(1) crpc?
whether 1988 (172) itr 250 (sc) - chuharmal vs cit,mp be of any help? whether 101,103,106,110 of evidence act be useful?
any citation of any high court preferably of madras or andhra high courts? please advise,very urgent?
i am advocate practising in hyderabad.
