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Kishor (Consultant)     15 August 2012

Proclamation request

 

Dear Friends,

Its 2 years since a Cheque bounce case is lodged under sec 138 in Navi Mumbai. The person whose cheque bounced has rejected the summon. So NWB has be issued to local police station in Jharkhand but no response for last 4 months.

My lawyer is stating that the court requires show cause from the local police station in Jharkhand.  else the case will be stagnant. Is he right?

Why cant the court issue PROCLAMATION?

My well wishers advice to give up cause Jharkhand is lawless and its impossible to obtain any response.

For 50K, I have already spent 15K.

Thanks in advance.

 

Kishor.



Learning

 4 Replies

Kishtaiah (Advocate)     16 August 2012

Get an advocate commissioner appointed by the court, to execute a fresh NBW with the help of local police, if you can trace him at any place and produce the accused before the court.  Rest will follow.

madhu mittal (director)     16 August 2012

It is the duty of police and court to apprehend the accused, if he can not be arrested, proceedings u/s 82 and 83 crpc should be followed. He should be declared absconded, so that whenever he was seen or arrested, case will continue, otherwise in cases like this, if complainant or his lawyer remains absent on hearing date, due to any reason even beyond their control, in our  judicial system, it is very easy to dismiss the complaint. Sufferer is victim.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     19 August 2012

This is only sumons stage thereafter there will be manny many dates for trial. Morever even if the accused appears he can request for personal exemption or can contest on jurisdiction point. So you will have to withdraw the case and file in JHARKHAND.

satish (mumbai)     04 February 2014

hii

AM ALSO SUFFERING WITH THE SAME PROBLEM SINCE 4 YEARS NEITHER THE ACCUSED OR ANY LAWYER FROM HIS SIDE HAS EVER COME TO ATTEND THE DATE ,THOUGH THE ACCUSED IS RUNNING BUSINESS IN HIS PLACE AND IS NOT EVEN SCARED OF ANYTHING ...ONLY PERSON ARE TO SUFFER IS OUR SELF ..THIS TIME I HAVE APPLIED FOR A NBW AND AM THINKING TO GO THERE MYSELF TO EXECUTE THE WARRANT BUT AS I FEEL THAT THE ACCUSED IS HAVING SETTING WITH THE POLICE SO I MIGHT NOT GET ANY RESPONSE BUT AT LEAST THEY WILL GIVE REPORT .

BEHIND 80K ME TOO ALREADY SPENT 25K BUT NO RESPONSE ... M TOO HAVING QUERY ABOUT HOW TO APPLY FOR A PROCLAMATION ORDER AGAINST HIM AND WHAT ARE THE BENEFITS FOR THE SAME .


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