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How to recover money if accused is absconding
10-Feb-2023 (In Recovery Law)
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??
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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Adv. Akhil Verma
Delhi | 400+ Answers
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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
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Adv. S N Shukla
Delhi | 25+ Answers
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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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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.
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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Adv. Manish
Delhi | 100+ Answers
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