Sub : Bailable warrant executed in one case be considered in another cases, when issued in one transaction
Supreme Court of India’s 5 Judges Bench in a case named
In Re Expeditious Trial Of Cases ... vs On 11.10.2020 Which Was ... on 16 April, 2021 held as under:
24. 5) The High Courts are requested to issue practice directions to the Trial Courts to treat service of
summons in one complaint under Section 138 forming part of a transaction, as deemed service in
respect of all the complaints filed before the same court relating to dishonour of cheques issued as
part of the said transaction.
Please guide whether same will be applicable on Bailabale Warrants also. In our case u/s 138 N I Act against Partnership Firm and its 3 Partners, 5 cases were lodged as there were 5 instalments cheques issued against one loan taken, summons were sent through Registered AD deemed to be served. Afterwards Bailable Warrants were issued in all 5 cases, against all three Partners.
In one case, all three partners got bail after executing Bailable Warrant upon them.
But in remaining 4 cases, one partner is dodging the Police. So on every hearing, no further proceedings were held , two remain absent with Haziri Maphi and on one till date, bailable warrant could not be executed.
When the attention of above citation along with another citation of Supreme court Vani Agro Enterprises vs The State Of Gujarat on 5 September, 2019 was brought to the Presiding Officer, she simple looked at them and returned them.
So please guide what is the law 1.whether bailable warrant executed in one case, can not be considered as executed in 4 other case as per above citation .
2. Any other citation or ruling which say valuable time of Court and police should be saved and warrant executed in one case should be considered in other cases also which arose from the same transaction.
3. Any other remedy in addition to that in every case bailable warrant should be executed on all.
With Regards,
