Cheque bounce case against fugitive

Dear Client,
Once the cheque bounce case concludes and the court passes an order under Section 138 NI Act, the decree holder(complainant) can file an execution petition seeking execution of the said order before the same court that passed the order. If the order involves fine or compensation, the same Magistrate Court can execute it under Section 421 Cr.PC which includes issuing warrants, attachment of property, or deductions from salary. If the complainant obtains a civil decree through a summary suit, execution is done under Order XXI of the CPC through attachment and sale of property, garnishee orders, or arrest and detention (in some cases). The process involves filing the execution petition with the decree copy, details of assets, and request for specific execution methods. There is no fixed timeline; execution can take from a few months to over a year, depending on debtor’s cooperation and property tracing. Gather asset information early (bank accounts, property, employer) to avoid delays. Use garnishee orders for quick recovery from banks. File for attachment simultaneously with notice to speed up the process. Execution is often more challenging than winning the case itself. Many decree holders use both criminal and civil remedies simultaneously for quicker recovery. The offence under Section 138 of the Negotiable Instruments Act is classified as a bailable offence, punishable with imprisonment for a maximum period of two years. Therefore, the issuance of a non-bailable warrant without a preceding bailable warrant is deemed illegal. However, if the accused fails to appear before the court post issue of summons, a prayer for issue of a non-bailable warrant may be made to the Court. The Court may issue a Non-bailable warrant against the accused, if there is a reasonable belief that the accused will evade the law or tamper with evidence. After the issue of a non-bailable warrant, the police are duty-bound to arrest the person against whom the warrant is issued. A non-bailable warrant has to be executed by the police authorities of the district where the accused is mentioned to be living and if the accused is on the run, the court will declare him as a proclaimed absconder under section 82 of the Cr. PC. When a person accused of a cognizable offense deliberately evades arrest or does not appear before the trial court despite the issuance of a non-bailable warrant (NBW), the Police or investigating agency may request the concerned Court for issuance of a Look Out Circular(LOC) to stop the accused to leave the country to evade trial or arrest. So, in the given scenario, it is recommended to consult with an Advocate specialising in cheque bounce cases to understand your rights and remedies to navigate the issue effectively.