• Request for guidance for Cheque bounce case

Hello all, 
Was been duped by one of the reality estate agent for investing in one of the land in Aug 2014. Given amount to him in cash(90%) and via NEFT(5%). the person gave me cheque on his company name in Feb 2015 which was bounced, another was been given in March, which too bounced. Did filed case against him in Borivili court, but now situation is as such the person is not traceable. Even after 4-5 hearing dates he didn't appear. First warrant was issued against him which was returned (person not available on address). Now second warrant is issued on his residential address and awaiting for the same. Need your guidance as its been long time and am in debts . Is there any other way which could speed up the recovery from the person?
Asked 6 months ago in Criminal Law from United States
Religion: Hindu
1) Section 65 of Cr.P.C. prescribes that if service cannot by the exercise of due diligence be effected as provided in Sections 62, 63 or 64, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides; and thereupon the Court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper. Indisputably the mode of service as prescribed under Section 65 of Cr.P.C. is substituted service viz., by affixture of one of the duplicates of the summons to some conspicuous part of the house of the accused. Such a mode of service of summons to the accused could be resorted to when the service of summons to the accused in the manner as contemplated under Sections 62, 63 or 64 cannot be effective. In other words, when the summons to the accused cannot be served under the due process of law, the same could be served by substituted method of service as contemplated under Section 65 of Cr.P.C. No doubt such a mode of service as prescribed under Section 65 of Cr.P.C could be resorted to only after exhausting the other mode of service of summons under Sections 62, 63 or 64 and the same having been found to be ineffective. But the fact of the matter is that the service of summons to the accused other than the personal service is recognized under law. That is to say, service of summons to an accused even in criminal trial could be effected by substituted service by affixture of one of the duplicates of the summons to some conspicuous part of the house in which the accused ordinarily resides. 

2)ith. Section 273 of Cr.P.C makes it obligatory that the evidence for the prosecution and defence should be taken in the presence of the accused. The Rule enacted in this Section makes it imperative that all evidence in an inquiry or trial shall be taken in the presence of the accused. That being so, no exparte decision regarding the guilt or otherwise of the accused can be recorded in the absence of the accused. This being the clear position of law in case of criminal trials, it is to be held that no criminal trial where the plea of the accused has to be recorded, the evidence has to be taken at a trial and the accused if found guilty will have to be convicted and sentenced either with imprisonment or fine, could be effectively held in the absence of the accused. In other words, the exparte procedure as prescribed under the civil law is unknown to criminal law.

3) file summary suit to recover your dues 
Ajay Sethi
Advocate, Mumbai
33752 Answers
1866 Consultations

5.0 on 5.0

1. You shall have to trace his properties for seeking attachment of the same.

2. Engage a detective agency for tracing him as well as his properties.

3. develop rapport with the police to trace him since police are expected to  have the information about his whereabouts.
Krishna Kishore Ganguly
Advocate, Kolkata
14877 Answers
353 Consultations

5.0 on 5.0

Yes, get te addresses of his properties in India to seek attachment order for taking possession of and selling  the same to recover your dues.
Krishna Kishore Ganguly
Advocate, Kolkata
14877 Answers
353 Consultations

5.0 on 5.0

If the person is untraceable then nothing could be done.
Additionally you can file case before the consumer forum so if hea attends you can get back your money with damages and compensation.
Ask the court to declare him proclaimed offender so if he is ever caught it would be very difficult for him to get bail.
Devajyoti Barman
Advocate, Kolkata
8939 Answers
108 Consultations

5.0 on 5.0

Dear Querist
if there is any civil suit filed by you for recovery of money or not?
if yes then get a decree and file execution petition against him and get attachment of property order from the civil court.

in cheque bouncing case you may approach to court for declaring him as proclaimed offender(PO) and published the same in newspapers.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
4244 Answers
183 Consultations

4.9 on 5.0

The cheque bounce case is not for recovery of amount from him, it is basically to punish the defaulter/accused.
You should file a money recovery suit agaisnt the builder and try to attach the properties lying in his name as attachment before judgment for the purpose of creating security to the amount. 
If the summons sent to his residence has not been returned then wait. 
T Kalaiselvan
Advocate, Vellore
23746 Answers
234 Consultations

5.0 on 5.0

This question is for India , seems criteria selected was for USA mistakenly

However the answers given for the question alone and not for country based question. 
T Kalaiselvan
Advocate, Vellore
23746 Answers
234 Consultations

5.0 on 5.0

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