Civil Procedure Code (CPC)

Cheque Bounced case

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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Dy Director

it is strange that he is not giving application to the court for action under S/82/83 of CcPC.  Even illiterate  farmer also know that "court nahin ayage to 82 83 karva dooga

 
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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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POWER OF DEFENSE IS IMMENSE

Please go slow. Just because the accused appears in the court is not the solution. The case will go on. If he contests properly very difficult for you to prove the case. It is not that easy that once the case is filed so you will win.

 
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Legal Evangelist - TRIPAKSHA

But still JSDN, it is important that the accused present himself and take bail. The matter might be compromised later.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

 
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Dy Director

 One expert suggested that atachment of salary and another opined that this is not possible under NI Act.  But some expert may advise him whether attachments of property under Section 82/83 of absoconduting accused can cover salary also. There is prima-facie connivance of police or his department. Either police has not approached his department for permanent address or deptt has not coopeated. he has probabliy not applied for the court for public notice or pasting of notice at his residence.  One expect has advised filing of civil suit alos. Yes this is an option but again serie of civil suit notice is more difficult on an elusive defendent than criminal process. I repeat bouncing of cheque amounts to lack of integrity which is a misconduct for Govt servnt. The obligation of Govt servant for maintaining absolute intergrity of  is not restricted to official dealings rather even in privat elife he is expected to maintain integrity. This avenue is also open to him.  In case he finds that his deptt officials are in connivance he can write to CVC. The prospects of going to Jail or of lossing job can be a deterrrent for refund of money.

 
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