• Case under NI Act 138 transferred to Long Pending Case

I had filed a cheque bounced case for Rs 1250000 (Rs twelve lakh fifty thousand only) and the respondent took bail after that neither the respondent nor his counsel appeared for the case for the last three years, that means respondent was absconding. 
As per information, it is known that he will soon go to gulf. 
Meanwhile my case under ST is transferred to Long Pending Case. 
How this LPC will be dealt further? 
If he has gone to foreign country for a short visit, whether I can inform Air Port authorities to arrest him on his return? 
It is learnt through 'e court services' that my LP case, on the same date on which the case transferred to as LP 4/2019 is again restored and listed after four months, which was not either as per my request or my advocate didn't inform me about it. 
Whether I have to present at the Court on the listed date? 
If both my advocate and myself don't present in the court on next listing day of LP what will be faith of my case?
Asked 6 years ago in Criminal Law
Religion: Muslim

11 answers received in 1 day.

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15 Answers

If accused has failed to appear in court for last  3 years have you taken out application for issue of balilable / non bailable warrant against accused 

 

2) if inspite of NBW if accused did not appear proclamation could have been issued against accused and his property attached 

 

3) you could have requested RPO to impound passport of accused on basis of NBW issued against him 

 

4) accused could have been arrested for failure to appear in court 

 

5) cheque bouncing cases take 5 years to be disposed of 

 

6) you have to remain present on the listed date 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. Since the accused has evaded appearance for 3 years now has a NBW not been issued against him? It ought to have been issued.

2. Airport authorities cannot arrest him unless there is a look out circular issued against him.

3. You better remain present in the court on the next date.

 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1) You can informed that case is running in the court and party may go abroad for work purpose without paying your amount.

 

2) Take permission from court that he should not be permitted to go abroad and submit this letter in Passport officer. Rest of the things they will take care of it.

 

3) You can take your case in fast track court.

 

4) If you and your lawyer do not attend hearing it might get dismissed or Exparte, so do visit every hearing in the court.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Court will examine the witness without presence of accused and decide matter if it is in long pending case.

Airport authorities won't arrest him on your say you can pray before court in section 83 crpc to attach his properties if he is absconding.

Yes you have to be present on the given date. Court can give Warrent in your name if your not present on date.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can take steps to proceed in your case against issue proclamation. You can also attach his property in india.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. What is the situation of the bail, has it been canceled or not?

you must appear before the court and get the bail canceled?

ask the court to issue NBW at the earliest 

you may intimate the police but that will be of very less help to you.

approach the concerned court again at the earliest.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You need to give an application. Also trace him again If he is in Kerala. File application for proclamation and attachment of his property in Mumbai 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You can in court that the plea that NBW has been issued against accused but he has absconded and deliberately avoiding attending court 

 

2) request court to direct police to trace the accused 

 

3) local lawyer can guide you as to why case has been reopened 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

If she has given shelter and there is proof of same, she can be prosecuted for same. 

Seek give an application before court to execute NBW through commissioner or SP of police and submit report it would be better option directly cyber cell won't help you.

Take certified copy of Roznama and Record of court to check there was application or not , though the court has power to do so.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Ask your lawyer to get nbw issued against the accused. In that case police will be duty bound to arrest the accused and produce before court.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If after NBW also he is not appearing then file an application for attachment of his property after declaring him to be a proclaimed offender.

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. No action lies against mother for keeping her son in her house. 

2. Unless the case file is perused it is difficult to formulate an opinion. 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Hi,

You are suggested to liaise with your advocate and approach the court and get the accused declared as PO. After that he would not able to flee and would be arrested at Airport also. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

As a complainant you have to appear before the court on the date of hearing or your advocate has to represent you during your absence or the court may dismiss the case for non-prosecution.

You cannot inform the airport authorities to arrest him on his return, the court only has power to issue NBW and after that it may recommend to issue a LOC if necessary.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Whatever action you would like to take against him in this connection shall have to be routed through court only.

Yo may have to file petitions accordingly before court seeking the specific reliefs, it is the court which will decide to grant the said relief or not.

If you suspect the integrity of your advocate you can very well change the advocate.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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