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bharat garg (none)     06 September 2022

Nia related

Hello All, 

I've compromised in a cheque bounce case and have deposited more than 50% of the settled amt. But due to problems , am unable to pay remaining amount from some time. Today, I came to know arrest warrant has been issued against me. Can this arrest warrant become null or cancelled once I pay , in some days before getting caught?

Policeman told me so, that case will be closed and warrant will be cancelled if you pay before getting caught by police. but I am skeptical , so thought of asking the experts. My lawyer took all the fee and now is not helping.

Regards

Bharat

 



Learning

 7 Replies

Dr J C Vashista (Advocate)     07 September 2022

No, the warrant of arrest is altogather a different issue to compromise in main complaint case under section 138 of the NI Act, which has either to be stayed or cancelled by the Trial Court after considering facts of the case qua your absence from attending proceeding.

However, if you pay balance of compromised amount and the Trial Court is satisfied it (complaint case) is likely to be closed..

1 Like

bharat garg (none)     07 September 2022

Thank you sir, that still left a doubt in my mind as to do what? I will definitely pay the money in some days, but how to save myself from going jail is still a question? What, if judge, (who is already a strict person) obstinate on sending me to jail, do I have remedy from session then of getting bail the same day?

P. Venu (Advocate)     07 September 2022

What is the present stage of the case? Has the trial been completed and the Court has pronounced the verdict?

bharat garg (none)     08 September 2022

Hello,

No verdict has been pronounced.. I was paying money in bits and pieces according to my financial capacity, but last some months went very bad so was unable to pay. Was not attending the court hearing even as judge had issued bailable warrant against me and my lawyer threatened me that he could send you to the jail, if you apply for the bail, so arrange the remaining money and pay, and the case will be closed.

It took me time to arrange and meanwhile arrest warrant/order has been issued to my area police. Police is saying that, if we arrest you, we have to produce you in the court and he will definitely send you to jail, if you've don't pay the remaining amount. So we are giving you some time to arrange and pay in the court. This way we will get an अदम तामील and the case will be closed.

But I am scared that what if I send the money. Will the case be closed or the judge still have the power of sending me to the jail even after paying? Can I get bail from session court immediately after his verdict? 

I am totally confused

P. Venu (Advocate)     08 September 2022

You have wrongly understood the facts relating to proceedings to the trial before the Court. What is the case No.? Which Court?  Procedural aspects could be ascertained from e.Court.

Dr J C Vashista (Advocate)     08 September 2022

You will lend up in jail if you do not attend court proceedings, even if you are able / unable to pay cheque amount.

bharat garg (none)     08 September 2022

Sir, there was no trial held, and the case was compromised and I started to pay in bits and pieces. Now it took me time and moreover the person to whom I owe is ready to close the case after getting the payment.

Lower court, no verdict, arrest warrant, I m willing to pay before arrest. Will the case be closed after that?


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