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Sunil K (IT Executive)     25 September 2018

138 case - cheque bounce - person missing

I purchased a plot in 2012 from a land development company in 2012. However, the company is no more live and the project failed so the directors are missing now. Before they went missing I had taken cheque from them for refund. The cheque they provided all bounced so I filed a case (138) against them. As the main accused is missing. the other director who was involved in this is still running his own land development business. What should I do in this case, please help.


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 3 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     27 September 2018

since it is a private matter. accused presence is a must to procced with trial. You may file a complaint for cheating and conspiracy against the company and its directors at local police station.

Steps to be taken if accused is/are not traceable:-

1st issuance of Bailable Warrant,

2nd issuance of Non- Bailable Warrant,

3rd Application to Declare him/them as Proclaimed offenders,

4th Application to declare as an Absconder

5th Application for Attachment of property.

 

Hope this would help you.

 

Regards

Adv. Rohit Dalmia

9324538481

Sunil K (IT Executive)     27 September 2018

Police is not helping me. Police says that its 138 case, go to court and fight.

The advocate I hired - he filed the case, took the fees, issued warrant against the accused, now he says that we need to find the accused.

The property is in litigation so even if i attach it wont be benficial as I wont be able to sell the same.

Adv Rohit Dalmia 9324538481 (Lawyer)     27 September 2018

Yu may file the private complaint for cheating and conspiracy against in the court against the company and its Directors. The Court will ask the Police to investigate and file its report before the Court,

 

Regards

Adv. Rohit Dalmia

9324538481


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