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Vishal Sharma (MD)     02 July 2013

138 n i act

I am complainant  in one of the 138 NI Act case and already appearing in the case on every date from last 1 and half years. Accused too is appearing on each and every date.

On last hearing accused lawyer did cross of me and same was schduled for next hearing too, now the accused went missing and his family members telling that he left home without informing anyone in the home and no one knows his whereabouts.

So, in this case what best can be done and what are legal steps can be taken?

Thank you



 8 Replies

sanjay (NA)     02 July 2013

  1. I sold silver bar to a trader & he gave me a cheque against that silver.that cheque was bounce due to inssufficient funds. My counsel gave him a motice u/s 138 & He returned back half quantity of silver & gave the cheque of balance amount.that cheque was also bounced due to insufficient funds. again we gave him a notice & filed a case against him. he was absent all the court date after NBW he appeared in the court. Court asked him to deposit bail bond of one lac. My question is what will be the further process.

MARU ADVOCATE (simple solutions for criminal legal problems -- yourpunch@gmail.com)     02 July 2013

1) What is the amount involved.


2) If you not have any documentry evidence there will be problems.

Sonia Dhamija (Advocate)     02 July 2013

@ Mr. Vikram - You can request the Court to issue a bailable warrant or a non-bailable warrant to enforce his presence. 


@ Mr. Sanjay- The accused will have to deposit the said amount of one lac, after which the trial will continue the regular way.

Mohit Attri (lawyer)     02 July 2013

agree with sonia

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB))     03 July 2013

Vikram Ji,

Hi, You are at same stage as you were at  start of case, his bail will be cancelled and left with NBW only.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     03 July 2013

Approach to court to issue NBW against him and after that notice to His suerity.

Kishtaiah (Advocate)     03 July 2013

File for appointing an Advocate Commissioner to execute NBW on the accused who will produce him before the court and necessary security will be taken by the court before releasing him on bail.  Also find out his property to be attached in case you become successful in your case.

MARU ADVOCATE (simple solutions for criminal legal problems -- yourpunch@gmail.com)     04 July 2013

This is a criminal case for punishment and not for recovery of money so even convicted no property can be attached.

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