Superdari procedure for guarantor
Sonu
(Querist) 06 December 2013
This query is : Resolved
Hello,
We have an FIR filed under section 376/406/506 in gurgaon. there is a fraud too which has taken place. A car has been fradulently registered by the guy in his name. the car is purchased from my sister;s money. we have all the relevant papers showing payment made my my sister.
the car is traced and is at the gurgagon police station. The accused is absconding for last three months. The police has give no objection too to get the car on superdari.
We have hired a lawyer to get the car cleared on superdari from gurgaon court. The car is registered in delhi in the accused name and FIR in gurgaon
Following questions
1) Our lawyer says that the guarantor has to be either gurgaon or delhi resident to give the surety for taking car on superdari . Is this correct ?
We are from Uttar pradesh. Can't my father give surety for my sister for superdari ? if yes, under which section of criminal proceudre code is the residency of gurantor covered.
2) If indeed gurantor has to be either from delhi or gurgaon only. And if we are not able to get a guraantor from delhi/Gurgaon, then our lawyer says that he can arrange a guarantor for us on payment of money. Is this safe ?
3) what other important things to be kept in mind when the superdari case is decided ?
regards
sonu
R.K Nanda
(Expert) 07 December 2013
consult local lawyer.
M V Gupta
(Expert) 16 December 2013
I dont think there is any legal requirement about the Guarantor's residence. this may be a condition being imposed by the Court to ensure that the guarantor is within its jurisdiction for easy enforcement of the guarantee.
