Ex-party judgement in case u/s 138

Go for proclamation order against the accused, as he is evading all legal process. You can ask counsel to do the same.

there is no provision of exparty for NI act according to cr p c 

Only the person who is authorised to execute the warrant may arrest him but you may tappe him but as soon as you aarest him you should hand over the police 

I do not know why he said so but it is true that there is no provision of exparty

you ask you lawyer to make submision for execute the warrant through any senior officer than OC level as like SDPO ,SP or DCP CP in case of kolkata police .

i can not say anything 

Thank you - both of you. But the initial address of the accused was of Howrah....now he may have been shifted from there.

The PS must reply at least to the court if they can not produce him as per the warrant - isn't it?

Any can this issuing bailable warrant every fortnight upon his not attending or not arrested by police be continued for ever? Can the court declair a non-bailable warrant ? Can the court order a media pubishing of the arrest warrant with photo?

Yes, yes...He has jumped the bail, first jump may be BW, second absence NBW, third absence strict order to police to bring him, fourth absence PO with photo etc.....your lawyer has to take it up strongly.

Since this is a private criminal complaint, there are no provisions  for exparte order. If court has order BW/NBW, you must pay the process for executing the warrant.  Also since this is a criminal case, there are no chances for recover, if the court convicts him without compensation, you may have to either file a civil recovery suit or stand watching helplessly. 

I again thank you - Mr. Trivedi and Mr. Kalaiselvan - for your valuable comments. But one thing I fail to understand - in spite of having documentary evidences by means of the accused's confession in his own handwriting , bounced cheque, following the process as per prescribed time-limit - how I should not have hope to recover my money? And yes - I am paying every bit of the warrant issuing process, even the spped-post charges. Thse expenses is becoming large with every new date from the court. The accused has changed his address and local PS only served the warrant to the address.

(1) Since my lawyer says it is my duty to bring the accused to the court for the 'Argument'; can the court process be suspended temporarily till I locate the accused ?

(2) Can the PS wash their hands by serving the warrant to the address only? If yes, must not they come to the court and make an official statement accordingly?

(3) Is it mandetory that I have to send my lawyer on each date of service reply? Can I being the complainant receive the SR and if the accused taken a bail - again brring my lawyer for the final Argument?

(4) How can I make the police to find him using their machinary? 

(5) Can his disappearance from the date of Argument - where I should place all my evidences collected against him - be concluded as an evidence of his being guilty by the court?

Please help.

1) Since my lawyer says it is my duty to bring the accused to the court for the 'Argument'; can the court process be suspended temporarily till I locate the accused ?

If there is a warrant pending in the court the court will not proceed further in this case in the absence of the accused not appearing before the court.

(2) Can the PS wash their hands by serving the warrant to the address only? If yes, must not they come to the court and make an official statement accordingly?

This being a private complaint, the police will not go beyond the address provided to them for arresting the accused.  If the complainant accompanies the police for a search and  the complainant is able to locate the accused in a different place, then he can  request the police to visit that place and arrest him provided the complainant accompanies the police to that place. 

(3) Is it mandetory that I have to send my lawyer on each date of service reply? Can I being the complainant receive the SR and if the accused taken a bail - again brring my lawyer for the final Argument?

It becomes the duty of your lawyer to represent your case in each and every date  of hearing.

(4) How can I make the police to find him using their machinary? 

You are not the boss of  police to instruct them to use their machinery.

(5) Can his disappearance from the date of Argument - where I should place all my evidences collected against him - be concluded as an evidence of his being guilty by the court?

The court will take care of it during  judgement