138 NI ACT

Vishal Sharma (Querist) 12 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. I do not have his any other address and he do 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?

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Kappil Cchandna (Expert) 13 July 2015
Sir,

Better try to get the correct details of the accused from his parents first, you can play a trick to get the address of accused form his parents and submit to the court.

Warm Regards
Kapil Chandna Advocate
9899011450

Raj Kumar Makkad (Expert) 14 July 2015
On the basis of your talk on cell, the location of the accused can be got traced out with the help of local police with the direction of the police. As the non-bailable warrants are already in operation against the accused, the same can be got noted to every important airport of India with the help of the local police under direction from the court.

The court can even issue notice to the parents of the accused to come before court and disclose the whereabouts of the accused.