(Querist) 24 November 2021
This query is : Resolved
I have won the case in Lower Trial Court and Appellate court (Case was since 10 years now got the judgement). Accused was absent on the Judgement day. Accused went to high court for Criminal Revision, but High court dismissed the petition and ordered him to surrender in the Lower Appellate court for further proceedings.
In the mean while Lower Trial Court has issued an arrest warrant on Accused. but he was absconding, but after 1 and half month Accused was caught. He was sent to Imprisionment, its been past 1 week but till now he did not move any bail petition, My concern is if he accept the imprisionment then how can I recover the amount, Accused has few properties, Accused is a business and realestate person. If Accused does not respond, can we file EP on the basis of this Judgement? 1) What would be the next step to recover the money.
2) Civil Case : already 10 years passed, can we go for Civil Case
Dr J C Vashista
(Expert) 24 November 2021
File an execution petition before the Trial Court which has convicted the accused / drawer of the cheque. Simultaneously civil recovery case can also be proceeded.
(Querist) 25 November 2021
1) Please elaborate what is "File an execution petition" what kind of execution? 2) Some other lawyers are saying, To file a civil recovery we need to file within 3 years. Our case is running from past 9 years. Can I still file recovery suite?
Advocate Bhartesh goyal
(Expert) 25 November 2021
No, now your civil suit for recovery of cheque amount is not maintainable as being time barred also no any execution petition is maintainable as cheque bounce cases are criminal cases and for offence of cheque bounce cases accused is punished by imprisonment and fine .So no execution petition is maintainable.