How to recover money if accused is absconding


DHC DISMISSED APPEAL OF THE ACCUSED IN CASE US 138 NI ACT, THE ACCUSED AS WELL HIS SURETY ARE ABSCONDING. WHAT SHOULD I DO TO RECOVER MY MONEY??

Answers (4)


215 votes

The surety given will be forfeited.
The accused's property will be forfeited and proceedings of 82 / 83 will be initiated and thereafter he will be declared PO.
you may proceed to recover money from his immovable property confiscated. Kindly check for appopriate provision in CrPC.


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84 votes

NI Act as it stands today, it is not a recovery proceeding. Recoveries happen through these proceedings mainly if parties settle the matter. Else these are criminal proceedings. Court can convict and punish the guilty. You may have to separately file recovery proceedings also.

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218 votes

You may file execution petition against accused. File, list of movable and Immovable property of accused alongwith the execution petition so that the trail court may issue the warrant of attachment against accused. You may also ask for fortifie the surety bond of surety

282 votes

If u have a address of his property u can file civil for recovery of amount and make a request to court for attachment of property before judgement. It will help to recover the amount. Otherwise there

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