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ashok kumar (Social Worker)     22 June 2013

Accused not traceable in section 138 cases-remedy?

Accused not traceable in Section 138 Cases?

 

In case of Cheque Return, the accused is not traceable for the last 6-7 years the complainant has to appear in the court on every date for the last so many years as if the complainant has committed a crime by filing a complaint!

 

What is the remedy with the complainant?



Learning

 7 Replies

Hemang (Advocate)     22 June 2013

Accused presence is required. Till then the proceedings would not be concluded.

ashok kumar (Social Worker)     22 June 2013

Hemangji

Request u not to give irrelevant responses

If at all u desire to help please answer teh query that is being asked

I also know that teh accused presence is required

My query was

What is the remedy with the complainant?

Sudhir Kumar, Advocate (Advocate)     23 June 2013

what are you in this case?

 

what efforts hav ebeenmade to trace the accused?

ashok kumar (Social Worker)     23 June 2013

Sudhirji

I am nobody imn the case. I am a social worker and try to help out people who have been cheated & defeated at the hands of the elites in teh society who have captured all teh resopurces and also teh institutions which were created to maintain an equilibrium in teh society. This includes judiciary which has to a large extent failed to deliver justice (delivereing Judgments is not the same thing as delivering Justice). The plight of Ch Return Cases is one such Grey area! 

The instant case in which I am making these enquiries is the  one in which a widow who sold her house due to Financial Needs was handed over part amount in cash and part in Cheque . The possession was given & the Cheque bounced (Now pl do not start picking us fault with teh widow for accepting a cheque, kindly focus on the question that is raised in teh forum). The accussed are very influential people. His Family members are there at the address given. But whenever a warrant is sent it is returned back  unserved on one and teh other reason.

The accussed has almost 100 servants abnd guards in teh house and there is no way any one can make out whether he is there or not inside

Now what efforts do u expect the complainant a poor widow to make in these circumstance?

Do u suggest that she tresspasses in teh huse and drag the accused out?

Or she makes a raid with her children in teh house and find out were teh accussed is?

Your question Sudhirji, astonishes me honestly!

I ask u a counter question! Whose duty is it to apprehend a culprit, the complainants or the State?

 

Having given u the reply to what U asked, one again I return to teh original question

What is the remedy with the complainant?

akash kumar (student)     26 December 2013

Ashok ji , though i am not a lawyer , i ve been in a similar situation , please patiently read this  .U can request the Judge to give permission to give you the right   under SECTION 138 of N.I act to Send the Court Summons through Registerd A.D. (acknowledgement due) post . The advantage is Since it is a informal Registed post , the accused most likely will take the post by signing it . And even if he does not sign it and REJECTS its the Acknowledgement shows that  accused who is living at the address has REJECTED it . When proved to the court that accused in  REJECTING the court summons on purpose the court DEEMS the summons as DULY SERVED .Hence leading to an Arrest Warrant (bailable).But then  the accused has to attend the court proceedings after the warrant.

Please Read the link below completely .Hope  this helps .Pardon me if  i wasted  your time .Good Luck .

https://www.indialegalhelp.com/files/guidechequebouncing.pdf

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     27 December 2013

Dear Querist

first of all the court issue summon to accused after that issue bailable warrant, after that Non bailable warrant, after that publication for declaring the PO, declare PO.

if after declaration of PO the accused are not found then the court have no other option till the accused arrested or appear before the court.

there is no other remedy for complainant.

sachin sharma (Advocate)     29 July 2017

Dear Mr Nadeem,

 

My question. Why?

After PO, cant complainant ask for the court- for attachment of
accused's property (The property in the name of accused). Once the
property is attached and complainant do not respond, court has all the
power to bring that property in auction.

Please advise on this, if I am wrong.


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