Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB)) 28 August 2014

Nbw/arrested without summoning order...

Hi Friends....

In one case there was 4 accused were in complaint u/s 138 (No reference of 141),

1. Company through director named Ram Kumar,

2. Director Ram Kumar (Signatory of Cheque)

3. Director Radhaa Rani. (Who resigned from board since last 1 year, complaint filed without any evidence of directorship)

4. Director Ramesh Kumar.

JMIC summoned only accused No.1, but issued arrest warrants against all of 2 to 4 accused persons, all of three arrested, JMIC accepted bail bonds in regular bail from all of three, now next date charge/notice is awaiting..

Pl advice me worst possible actions against complainant, judge in Civil as well as Criminal Law.

Thanks..

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1 Replies

R Trivedi (advocate.dma@gmail.com) 28 August 2014

Check the court file and see if summons are present for other 3 directors also.

Without specific allegations in the complaint about the involvement of all the non signatory directors summons cannot be issued against them, but how do you know that all the young magistrates are aware of this law as set forth by Hon SC?

Moreover Summon is a kind of Bailable Warrant, which is followed by NBW if not complied with. Under S.138 no NBW can come without the summon. I am sure you would have taken up this issue with JMIC at the time of Bail argument.