Pattu Kutty (none) 30 May 2012

Clarification

Dear Legal friends,

We have an ongoing case against our tenant who cheated us with a "account closed"cheque, which obviously bounced . there is a N.I. 138 case againnst this person, who doesn't seem bothered to appear for the court summons. Also the person is not residing at our place. The honourable court has issed a NBW against this defaulter.

How do we get it executed as the person is unavailable for a police arrest. The police are trying their best to trace the person, but in vain.

Can we request a haebius corpus for his absence?

please advice us. Thanks

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4 Replies

G.V.Sagar (Advocate) 31 May 2012

Writ of Haebius Corpus not applicable to your case. I advice you to give paper ads and put his hordings to find him.

Pattu Kutty (none) 01 June 2012

Thank you sir for the immediate reply... what if we do not have the person's picture? Is there any other means to arrest this person ? We do not have any of his details... like present mobile number, his stay at present, his photo for identification.. nothing. All that we have is the bounced cheque and his past contact numbers which go unanswered nowadays. please advice. thanks once again.

C. P. CHUGH (Practicing Lawyer) 01 June 2012

You have in your possession his cheque which bounced for 'Account Closed' meaning thereby the gentleman once had an account. You can approach the Bank Officials and they can provide you details like Permannent Account Number, his Permanent Residential Address and if the account was not too old, his photograph also. You can also find our who introduced him to the Bank for the purposes of opening account. You can find that person who can help you trace the defaulter