How to recover money in Cheque bounce case when accused is in custody?
27-Jan-2023 (In Recovery Law)
A cheque bounce case and cheating case was filed against a hospitality company. My recovery amount is close to 1 crore and the case filed in 2011 november. the accused is from Bangalore and right now he is in custody in Bangalore. He has been avoiding the hearings in the gurgaon courts now. I am under alot of financial stress, ho can i give direction to this case so that i can get some relief at the earliest.
You can have his presence by getting Production warrants issued against him from Gurgaon Courts, if he is in custody in Bangalore. Once he is produced before the court, the trial does not take long in Gurgaon Courts. You can get a judgement in your favour by expediting the trial by getting Production warrants issued against him.
Dear Client,
you should also filed a case for recovery of your amount. both cheating and cheque bounce are criminal offence and to get your money back you had to file the civil suit. you are advised to consult your lawyer for the same.
for any further clarification/information you can call/meet me.
Regards,
you should also filed a case for recovery of your amount. both cheating and cheque bounce are criminal offence and to get your money back you had to file the civil suit. you are advised to consult your lawyer for the same.
for any further clarification/information you can call/meet me.
Regards,
As per your query, i understand that the company is the accused alongwith its director and cheque signatory. Two orders can be passed under cheque bounce case in your favour i.e. either only conviction or conviction with fine of double amount of cheque. If order for fine is passed then the same can be enforced against company for recovery of your amount. As far as accused being held in custody in bangalore is concerned, you should seek production warrants from Gurgaon Court directing Bangalore police to produce the accused in Gurgaon. Since this would be a time consuming affair, you can additionally file a suit for recovery on the basis of agreement or document under which you gave the amount in dispute to the concerned company showing continuing cause of action. Kindly provide input on the cheating case though only way to recover amount in cheating case would be to settle the matter.
If accused is in custody in that case money can be recovered by attaching the property of accused .
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