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madhu mittal (director)     01 August 2011

Single case in high court for several cases in different cou

There are a number of cases pending under section 138 NI ACT , in those cases accused persons have not been appearing from the last three years. The report of police constables are on files that accused have not been residing on the address for last many months. Thereafter, there are three/four applications have been submitted to trial court but all in vain. The presiding Officer only takes applications only for filing. I want to know whether a single case in high court can be filed for several cases pending in different trial courts for declaring them as absconded under section 82 crpc by high court itself or directions to be given to trial courts for initiating process of declaring them absconded under section crpc 82. [URL=https://freeebooks.name/ ]audio books[/URL], [URL=https://www.utorrent.name/ ]utorrent[/URL]


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 2 Replies

Out of Court (Consultant)     01 August 2011

is the accused in all complaints U/s 138 NI act same? what you will do even after filing case in HC if teh accused has been absconded since 3 years .. ? as nothing can be done in NI 138 unless and untill accused is presesnce ... alternatively if u have knowledge that if the accused has any property ( immovable)  you can request for "KURKI" that can be even done without going to HC ...

madhu mittal (director)     17 August 2011

Sir out of court consultant,

 

No, the accused in all complaints is not same. There are different accused. Most of them do not have any immovable property. The point is that if complainant does not attend hearing date in trial court, his complainant will be dismissed in default. And afterwards if it comes to notice that accused is living at particular place, the complainant does not have any remedy in law and if the accused are declared absconded, then the case will not be dismissed in default, as there is no need to attend the trial court. Now let me know how to get relief from judicial system whether go to High court or other forum, so that if anyone left his place of residence or business after committing offence, they should not be let free without punishment and at the same time complainant should not be harassed in attending court hearings unnecessary.


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