Legal Question in Criminal Law in India

u/s 138 Question

Sir - thanks 4 ur reply. As I told u earlier, Lower court (FMJC) had sentenced to pay the double amt. of cheque to the opp. party & he has made appeal against that judgement (before 1 year) on this ground that he doesn't owe to me single money. But fact is that all the legal liability with documents has been proved in FMJC - lower court. But by appealing & by getting the benefits of legal softcorner, he is just killing the time.

We have doubt that he is planning to go out of India. What should I do?

1. Can I ask to the Hon. court / Police / passport office to restrict him to go outside India/Maharashtra. by taking some action against him like taking the declaration on stamp paper by him before the court - stating his current & permanent add. & he will not go outside India/Maharashtra untill the Judgement. and to submit his passport & other documents in the court.

2. Now after the 1 year of his appeal (Appeal Case status in upper court i.e. ADSC - yet to be heared), though I couldn't file a civil suit for recovery, is there any other legal option for recovery.


Asked on 7/05/08, 4:18 am

3 Answers from Attorneys
shoban Babu

Re: u/s 138 Question

yes you can plead the cour to confiscate the passport till the disposal of the trial. eventhough the limitation act restricts, you have provision to file a suit stating reasonable grounds for not filing the suit before the expiry of that one year.

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Answered on 7/07/08, 7:49 am
Shrichand Nahar S.V.Nahar, Advocate

Re: u/s 138 Question

If you have well founded apprehension that the accused is likely to abscond, then you can approach the court for impounding of his passport.

You can file a civil suit, subject to law of limitation.

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Answered on 7/05/08, 6:10 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: u/s 138 Question

1)Yes apply to the court.

2)Yes

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Answered on 7/17/08, 4:29 am


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