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bank account freezing - method

(Querist) 19 November 2009 This query is : Resolved 
In 138 NI case, (j.m.Court) Summon served .... accused not appear
NBW issued... not execute... accused not appear before court
Proclamation order u/s 82 cr.pc. passed and published ... accused not appear
in this position ... can we able to freeze the accused bank account u/s.83 cr.p.c? if possible which section is suitable ? Who has power to freeze bank account?If you are having model draft kindly display .

Accused in Delhi... filing JM court is in Tamilnadu ... accused doing MLM business .... the accused firm having only immovable proberty ...
Raj Kumar Makkad (Expert) 19 November 2009
No model is available but the bank accounts of the accused can also be ordered to be seized by the same court under section 83 Cr. P. C.

You can also file a suit for recovery with an application under order 38 rule 5 read with section 151 of cpc on the basis of cheque and can obtain attachment prior to passing of decree and then can get that property auctioned as per provisions of execution of a civil decree.
Adinath@Avinash Patil (Expert) 19 November 2009
BEST WAY TO FILE CIVIL SUIT FOR RECOVERY OF CHEQUE AMOUNT.IN SAID SUIT YOU CAN FILE ATTACHMENT BEFORE JUDGMENT APPLICATION U/O 38 RULE 5 FOR ATTACHMENT OF BANK ACCOUNT.
YOU MAY FILE APPLICATION FOR ATTACHMENT OF BANK ACCOUNT U/S 83 OF CR.P.C.
Advocate.S.A.Siddiq (Querist) 20 November 2009
Thanks my dear expert...I need perivious judgement related to Bank account freezon u/s. 83 Cr.P.C...
VIKAS RAJ CHHAJER (Expert) 20 November 2009
Dear,
I you need your query be solved easily then you may contact at below address and phone numbers:-

VIKAS RAJ CHHAJER
ADVOCATE
91 9314023636
Advocate.S.A.Siddiq (Querist) 10 December 2009
Mr.Vikas Raj..
Petition filed u/s 83 Cr.P.C for freezing the bank accounts with immovable properties.. the trial court accept the petition ... waiting for order..


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