138 N.I. act

manoj r. dubey (Querist) 30 April 2010 This query is : Resolved
i am for the complainant. i have filed a 138 case in kurla metropolitan court for 6 lakh rupees. summons was issued to the accused with was return back saying the door of accused house is closed. thereafter the hon'ble court was please to issue a bailable warrant which was came back with the same report as the summons came back after this a N.B.W was issued against the accused which also came back. now the question is the house in which the accused is staying is not his. i think so he must have bribe the concern police so they are giving such report.so please guide me what to do in such sitution. contact 9892115025

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A V Vishal (Expert) 30 April 2010
If any Court has reason to believe that any person against whom a warrant of arrest has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than 30 days from the date of publishing such proclamation. Where a proclamation published is in respect of a person accused of certain specified offences and such person fails to appear at the specified place and time required by the proclamation may pronounce him a ‘Proclaimed Offender’ and make a declaration to that effect. s.82 CrPC

Gulshan Tanwar (Expert) 30 April 2010
Also mtove application under ss.82/83 crpc at one time, the property will be siezed and he would be bound to attend the court. Also take permission of the court for sms notice.

Kiran Kumar (Expert) 30 April 2010
the best of the remedies have been advised to u, act accordingly.

Adinath@Avinash Patil (Expert) 01 May 2010
I agree with Vishal

G. ARAVINTHAN (Expert) 01 May 2010
VISHAL SIR IS RIGHT

Silabhadra Sastry Advocate (Expert) 01 May 2010
I am agreed with all experts

Jithendra.H.J (Expert) 01 May 2010
i will suggest another mode!

bribe the police first,

ask the court issue the NBW through the police station which you bribed,

take the police (bribed )you with you, show the accused to the police and let them produce him before the court...

Guest (Expert) 01 May 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI)ADVOCATE
MOBILE.9271971251

e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING SEC.138 OF N.I.ACT CASE KINDLY NOTE THAT.

1.IN CASE SERVICE OF SUMMONS AND WARRANT IS NOT POSSIBLE DUE TO REMARK DOOR CLOSED KINDLY NOTE THAT YOU MAY APPLY TO THE COURT AND GET SUMMONS/WARRANT ISSUED IN THE NAME OF ACCUSED AND ALSO FURTHER PRAY FOR SERVICE OF THE SAID SUMMONS OR WARRANT THROUGH THE COMMISSIONER OF POLICE MUMBAI OR AREA CONCERNED.YOUR PURPOSE WILL BE SERVED. IT HAPPENS IN MOST OF THE CASES AS ACCUSED WILL ALWAYS AVOID SERVICE OF NOTICE.
2.IN CASE ANY FURTHER HELP IS REQUIRED KINDLY WRITE AND SEND DETAILS WILL HELP YOU
THANKS.

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