One S- 138 of Ni Act ( Bounce of Cheque amounted to Rs 16,000/- ) which was registered in the court of Judicial Magistrate 1st Class, in the year 2010, all trial stage that is evidence, argument etc all were done and accused is always ready to pay the amount but complainant is asking more amount that’s why the case was delayed. on 12/8/2011 was the date for judgment, but the Judgment was not delivered and another date was given on 17/8/2011. On 17/8/2011. Our Bar Association was organized one Procession in support of Anna Hazare and accordingly our Bar president had informed officially all courts that all advocates will join the rally and court should cooperate us. As we have joined the rally and we did not give any HAZIRA/ PETITION on the same date for that case. But on the same date Non Bailable warrant was issued by the JMFC, and on 21/8/2011the police called the accused to Police station and arrested him. As 21/8/2011 was Sunday, we had move bail in front of CJM’s residence, when the accused was presented before the CJM, But the CJM had rejected the prayer as he did not now the facts and no record of the case was in his hand. And he had also mentioned that he had no knowledge of the stage of the said case. In our petition we had pray that this is due to Lawyer’s mistake and the accused should not punish for the same, but the CJM rejected only on the ground that he had No record in his hand. Kindly guide me the provision of the law , can court issue Warrant in such kind of Small Amount of NI act cases and also at the final stage of the case, I want to challenge the court, so please help me.
Regards S.Paul Assam
