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Vamsi   27 October 2016

Cheque bounce case-accused trying to go abroad

Hello sir/Madam I have filed a Cheque bounce case against person and there were two caes pending in ACMM court in Vijayawada. A NBW is issued against the accused and he is now trying to go abroad . Please provide me some valuable suggestions to stop him flying abroad. Court is not giving any direction on this as it is Cheque bounce case and no FIR is applicable


Learning

 14 Replies

G.L.N. Prasad (Retired employee.)     28 October 2016

You may request your Advocate to file IA  in concerned Court restricting him not to leave the country once again.  Normally Court will not interfere in these matters but there should be a record of such attempts.  Whether he is personally liable or in his official capacity is not known.  Ask your advocate whether any other case can be filed against him .  Atleast those pressures may force him to refund the money.  Contact your advocate for a solution.

Ms.Usha Kapoor (CEO)     28 October 2016

Let the court issue NBW against him and  bring him before the court. The court will  Ask him to give an undetaking  that  even  if he goes abroad he will be presentt as and when called by court and  the period of his overseas stay et c it imposes conditions.Indian diplomatic mission wouls serve summons, BW and NBW agaisnt such absconders and forcibly sent to india. to ATTEND COURT PROCEEDINGS. If you appreciate this answer please click the thank you button on this forum..


(Guest)

What is the amount of cheques for which case has been filed?

 

Dr J C Vashista (Advocate)     29 October 2016

Move an application to the trail court initmating his intention,which you can prove;

No such law existed where the accused may be stopped visiting abroad. 

Vijay Mallaya is a recent example.


(Guest)

Unless passport is impounded by an order of the court of application with cogent reasons and compelling ground, you cannot stop him from going abraod.

 

rajeev sharma (Advocate Ex senior manager law )     29 October 2016

file an application before court and satesfy the court that the accused is trying to abscond to avoid arrest against NBW issued by court and make a prayer for impounding his passport

T. Kalaiselvan, Advocate (Advocate)     30 October 2016

Neither the passport can be impounded nor he can be restricted to travel abroad in cheque bounce criminal cases.

Until and unless a NBW has been issued for his absence and no representation before court, he even cannot be arrested.

In cheque bounce cases the court will insist on trial proceedings and any application for restricting him to travel abroad may not be entertained by court in the normal course of trial proceedings.  


(Guest)

You have not replied my question about the amount of cheque involved in the case. Is there any specific reason for not replying that question?

 

Is not it your academic query?

 

Vamsi   31 October 2016

Sit The amount is for 16 lacs .Sorry for the delay in reply


(Guest)

Good amount, but what are the efforts of your own lawyer in that regard, what you wanted?

 

Vamsi   31 October 2016

Sir I have apparoached him several times with the issue. he approached the judge ana made an appeal to Judge.But judge refused to provide any direction to emabassy/passport office as it is a cheque bounce case

hence we became hope less in this regard.Please help sir


(Guest)

Ma. Vamsi,

 

You are coming with piece meal facts, not full facts of the case at a time. It seems you are fabricating your answers as per the questions put by the members.

 

By the way, what your own lawyer is doing, if such type of things are happening?

 

Please be aware, hypothetical academic queries don't have practical answers, except to be prepared by the students by studying his/her academic study material.

 

If there is any truth in your case, either you should rely on your own lawyer, if not satisfied with his performance, change lawyer, or send the case related documents through email for my examination.

Vamsi   31 October 2016

Sir

I am fabricating any information . My case is genuiene . This is not issue with the lawyer.This is the issue with the process being followed by Judge for 138 cases.

 

PFA  Case status document available online

 

 


Attached File : 367856 20161031221754 882899540 g9912036 ajay kumar pasupuleti case status.pdf downloaded: 142 times

(Guest)

Ms. Vamsi,

 

Thanks for the info.

 

First of all, it is well proved that you are not coming out with full facts, as I apprehended earlier post. You have wrongly stated that the “court is not giving any direction on this,” while the court has given clear direction that the complainant shall deposit the commissioner fee of Rs. 5,000 into the court. But again you have not stated, whether you deposited the fee and what is the outcome of the delivery of NBW, as was assigned to Sri Abdul Gafoor, Advocate, as appointed as commissioner to get execute NBW pending against the accused. The order related to 30.09.2016, while today is 01.11.2016, that means more than one month has elapsed, but you have not stated any such fact as well as the status of NBW, specifically, when you deposited the fee and if still not delivered, what was the cause.

 

Even in your referred order link of the case, it is nowhere mentioned that the complainant or his lawyer requested for order to impound the case.

 

Secondly, the Commissioner report or the process of issue of fresh NBW against the accused is fixed for 25.11.2016. So, better wait for the next hearing and the report, if you are not aware of the present status of the NBW. Better come with the latest facts after the next hearing.

 

In addition, you may also please state on what account the said amount of Rs. 16 lakhs is due against the accused?

 


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