The accused in the 138 case is changing his address frequently, the summons have been served, but bailable warrants are being issued for not appearing. The intention of the accused is not good.
Can a stay be obtained on the known assets of the accused for safe recovery of the amount recovered in such a criminal case? Because there is a fear that the accused may sell his property before the 138 decision comes. Then recovery will become difficult.
Please advise.
Thank you.
I understand your concern. To safeguard recovery, you can explore the following options: 1. File an application for an interim stay on the accused's assets under Order 38 Rule 5 of the Code of Criminal Procedure (CrPC). This can prevent the disposal of assets until the case is decided. 2. Seek an attachment order before judgment under Order 38 Rule 6 CrPC. This allows the court to attach the accused's properties to ensure satisfaction of the decree. 3. File a petition under Section 146 of the Negotiable Instruments Act, 1881, to seek attachment of the accused's properties. 4. Consider filing a civil suit for recovery of the amount and seek interim relief like an injunction or attachment of properties. 5. Consult a lawyer to determine the best course of action and ensure proper representation in court. Remember that the court's discretion is essential in granting such relief, and you must provide sufficient evidence to support your claims.
