Help me in cheque bouncing case
Vishal Sharma
(Querist) 03 July 2015
This query is : Resolved
Hello everyone, I had filed case against the accused of cheque bouncing in 2014, first bailable warrants been sent by court, then non bailable warrants but accused didn't appeared before the court. Its been sent on the address last known to me, the reply on summons are that accused don't live in that address anymore even though his parents are still living at that place. On last date court ordered for 82 and ask the local police station to act as per that. Now my question is that what if he don't appear on next date even? What will be the next step of court? What I can do to make him appear before court?
Does I need to keep waiting for him to come? Or can I do something?
Kindly suggest and help me. Thank you
ABDUL RAZIQUE
(Expert) 03 July 2015
you may appeal to add a second address where the accused residing at present either wait for court proceeding.
Rajendra K Goyal
(Expert) 04 July 2015
Try to find out the present address and inform the court.
Dr J C Vashista
(Expert) 04 July 2015
You are required to pursue your complaint vigorously requesting the Court to declare the accused as absconder, followed by issue warrant of attachment u/s 83 Cr. PC, through your lawyer.
Meanwhile, you must try and locate the fresh address of accused and intimate the Court immediately.
Vishal Sharma
(Querist) 04 July 2015
I do not have his any other address and he so not have any property of any kind on his name, I spoke to him online and he saying that he going out of india in few days before the next court date, so what I will do?
Vishal Sharma
(Querist) 04 July 2015
I do not have his any other address and he so not have any property of any kind on his name, I spoke to him online and he saying that he going out of india in few days before the next court date, so what I will do?
ABDUL RAZIQUE
(Expert) 05 July 2015
Then follow the advice of Ld. Dr J C Vashista, Sir. Nothinh more to add.
Anand Bali Adv.
(Expert) 17 July 2015
Try to get issue the orders declaring him proclaimed offender after a Proclamation advertisement in national newspaper be get advertised through the court for his appearance sought in the mentioned case under Sec 82 CrPC. After this only attachment orders will be issued under Sec 83 as rightly advised by our Dr Vashistha as above. Apart from this only you can pursue to get an order against him for not to allow him crossing the National boundaries that's all for which you have to provide his passport number to the court on which basis the court may give his directions as above on your application to it having apprehension for his escape out of India, that's all.
