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kishore kumar   23 September 2024

stay application on property in 138 case

The accused in the 138 case is changing his address frequently, the summons have been served, but bailable warrants are being issued for not appearing. The intention of the accused is not good.
Can a stay be obtained on the known assets of the accused for safe recovery of the amount recovered in such a criminal case? Because there is a fear that the accused may sell his property before the 138 decision comes. Then recovery will become difficult.
Please advise.
Thank you.


Learning

 4 Replies

kishore kumar   23 September 2024

Respected Sri Rama Chari Rachakonda Sir,
Thank you very much for your valuable advice and guidance. Thanks Again Sir.

T. Kalaiselvan, Advocate (Advocate)     23 September 2024

You have filed a private crimninal complaint under section 138 NI act for the offence of cheque bounce and not for recovery of money by attaching his property.;

For recovery of money you should file a money recovery suit or even a summary suit 

You can obtain an order in the petition seeking attachment before juedment Where the defendant fails to furnish the security required, within the time fixed by the Court, the Court may order that the property specified.

For that you have to file a money recovery suit, you cannot get such reliefs under criminal procedure code or under section 139 NI act.. 

Advocate Bhartesh goyal (advocate)     24 September 2024

 Get issued proclamation order from court u/sec 82/83 Cr.P.C.Attachment order u/order 38 rule 5 C.P.C does not apply in cheque bouncing case.


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