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issued a warrant in 138 NI act now the accused is absconding.
05-Sep-2023 (In Cheque Bounce Law)
1) issued a warrant in 138 NI act to the accused and the accused is absconding, in this scenario how to take the case to the next level? 2) can ex-parte be declared against the accused? 3) can accused property be attached for recovery? 4) or an extensive search warrant be issued through court to search and bring the accused to court? please help, kind regards.
Once the PoliCe files Report that the Accused is absconding then you can make application to the court to declare the Accused as "absconder" and you can take order from the court to issue proclamation and attach his properties.
Once his properties are attached, the Accused will have to come to court and appear in your case.
Ex-parte order is mostly in Civil cases.
Please file civil suit against him and take ex-parte order against him.
Once Civil Court issues. Ex-parte order and dec4ee against the Accused then his properties can be attached he'd as well as auctioned for recovery of your money.
Court may re-issue the Warrant or NBW so as to force his appearance in court for facing prosecution and trial in criminal case.
Once his properties are attached, the Accused will have to come to court and appear in your case.
Ex-parte order is mostly in Civil cases.
Please file civil suit against him and take ex-parte order against him.
Once Civil Court issues. Ex-parte order and dec4ee against the Accused then his properties can be attached he'd as well as auctioned for recovery of your money.
Court may re-issue the Warrant or NBW so as to force his appearance in court for facing prosecution and trial in criminal case.
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Adv. Namitabh Kothari
Mumbai | 400+ Answers
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