LCI Learning
Master the Basics of Legal Drafting in All Courts. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

TANAJI JAMDADE (LAWYER)     14 January 2025

Accused not found in cheque bounce case

I have one querry regarding accused is not found in 138 criminal  complaint. The summons to the accused not served and reported by police that accused is not resided at the home and she never traced out from 6 months too. But lady accused husband and other family members resided at the accused house. Then what is the legal provision for compelling the accused in court of law?

Please guide me.



 6 Replies

P. Venu (Advocate)     14 January 2025

Are you the complainant or his lawyer?

1 Like

Dr. J C Vashista (Advocate )     15 January 2025

The summons can be served to the accused through her husband or any other adult male member of her family, it will be proper service.

1 Like

TANAJI JAMDADE (LAWYER)     15 January 2025

But sir, how the compel the accused in court of law. The complainant never known the address of accused.

T. Kalaiselvan, Advocate (Advocate)     15 January 2025

The police may not be able to identify the accused, hence the complainant may accompany the police to identify the accused when the accused will be available in the house, hence the complainant has to do some home work to find out when the accused will be available at his house and take the police to his house accordingly to get him arrested in the bailable warrant.

For that he has to get a bailable warrant issued against the accused through court

1 Like

SHIVKUMAR AGNIHOTRI   16 January 2025

1  If the accused continue evade court proceedings even after issue of NBW/ bailable warrant, request the court to declare the accused an absconder under sec 82 of CrPC,

2  This can lead to attachment of their properties under sec 83 of the CrPC 

 

P. Venu (Advocate)     16 January 2025

Originally posted by : TANAJI JAMDADE
But sir, how the compel the accused in court of law. The complainant never known the address of accused.

In a case involving dishonouring of cheque, how could it be possible that the complainant does not know the address of the accused. The so-called accused could not have opened a bank account without having an address duly verified.

Are you setting question paper or setting riddle?

If you are having any real issue, please post the material facts instead of inchoate assumptions, presumptions and subjective facts.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register