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Harish Kumar (not working)     28 December 2012

138 ni

Cheque issued to me dishonored twice,  notice was sent to him and got rejected by his uncle,  case filed under section 138 NI as deemed served.  Case moved to special court, and now he changed the house( present address unknown).  Till now he didn't take any notice served to him and didn't attend the trial as well.

what to do now?



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 1 Replies

Advocate M.Bhadra   28 December 2012

If notice was not served upon the accused,publish  in newspaper with due permission from the court and move to court for ex-parte hearing and pray for issuing Warrant.If the trial court would not agree to issue warrant then file a fresh case u/sec.420 and 406 IPC in Magistrate Court.In the criminal case court can attached the property u/sec.82 and 83 Cr.P.C. if the accued person is absconding.


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