Legal Question in Criminal Law in India

I have recceived responce for my question related to Sec 82 to 85 of Cr.P.C from Shri Seshadri Srinivasan and Shri Rajiv Gupta , Advocates. Im very thankfull to both of you for your suggestions. Sirs, to follow your suggestions there is a legal hurdle.

The object of Attachment of property of an absconder is not to punish him but to compel his appearance. Claiming cheque amount is possible only if the offence is proved against the accused before the court of law. Otherwise even court also cannot order for payment of the cheque amount. There is no provision for bringing legal heirs in the crminal case. Themistake done by my client that he did not prefer civil suit.

At least can we get the expenses in this mater what I have spet for all proceedings. Because of my case on my cost Govt is benefiting. At least to approach legal heirs are also not there for the huge valuable property.


Asked on 11/14/09, 12:56 am

1 Answer from Attorneys

Seshadri Srinivasan www.lawconcern.com

As it is, You have done your best as an Advocate and must not worry. Hence forth, ASK client to file both civil and 138 actions.

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Answered on 11/14/09, 3:07 am


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