Civil Procedure Code (CPC)

Cheque Bounced case


I havd given 54000/- inr to my friend. but he didn't returned. after somany reminders he had given one cheque for the same amount and after presenting to bank it was bounced. i have proceeded legally and he didn't appear to court. then an arrest warernt siiued on him. he is a govt. employee. now he is not tracable even to police also. . he is on continuous leave for last three months. but he is drawing salary through from atm. Pl. suggest me what should i do now?. how can i get my amount back?.

Looking for experts help in this.

Regards

NV Sankaram.

 
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@NVS SANKARAM

You have filed 138 case against your friend.

He is a govt. servent if he cant give than he lost his job permently.

You said,"now he is not tracable even to police also. . he is on continuous leave for last three months. but he is drawing salary through from atm."

so, it means that  he has changed his place.

Try to find out his new place and give it to police .You said that he is taking his salary from atm so it means that you know where he reside ,give new address in a court for warrant.

 
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Thank You verymuch.

 
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when you know that he is drawing salary, then you can provide office address to court and cpurt summon him, further salary can be attached of accused on the order of court. you should contact his account officer/Superintendent

 
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when you know that he is drawing salary, then you can provide office address to court and cpurt summon him, further salary can be attached of accused on the order of court. you should contact his account officer/Superintendent

 
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@suryagaurav

How can  salary can be attached of accused on the order of court in 138 case as in Negotiable Instruments does not provide this type of provision?( salary can be attached of accused)

 

If yes than tell me HOW??

 
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File a civil  suit for recovery of amount and obtain the decree from court then get atteched his salary for recovery of amount.

 
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Dear Sh.Bharatesh Goy

Generally how much time the civil case takes? again if the other party is not ready to received notice what will happen?.

But what should we do with the criminal proceedings which are going on at present on him now?

Pl. suggest.

 
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Dy Director

If the fact is reported to his office he will face disciplinary proceedings and if he returned the money to you the evidence of discplinary proceedings will get stronger. Some persons may be surprised but it is true that Govt service as per conduct rules is expected to maintain intergrity even in personal life. As nsuggested by Mr Goyal a civil suit will be required to attach his slary. Iagree to him as his salary cannot be attached merely by criminal case u/s 138 NI Act.

 
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director

First of all, it is very strange in our country that police even can not trace even a govt. servant. If police submit report like this, an application for declaring accused absconded can be filed in court u/s 82 Crpc. If declared absconded, then u/s 83 crpc his property  can be attached and sold. Salary is also part of property.

 
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