138 nbw recall
Querist :
Anonymous
(Querist) 27 September 2018
This query is : Open
I stay in Mumbai but facing a case in Bengaluru in which I am accused in 138 section.
Previous date of hearing 22-9-2018I was in Bangalore and gave my statement u/s 313. The open court loudly said next date 15-10-2018 but clerk wrongly wrote 25-9-2018 hence case was called on 25-9-2018
I was unaware of change of date hence did not attend and NBW was issued
Now I am scared to go to Bangalore as NBW is issued. Please advise.
KISHAN DUTT KALASKAR
(Expert) 27 September 2018
Dear Sir,
Your advocate in Bengaluru may file an application under Section 70 (2) of Cr.P.C and get such warrant recalled on next hearing. It is a bailable offence and it seems you have regularly attended most of the hearings. Moreover cheque bounce cases will be treated as semi-criminal cases and no serious action will be taken by the Court. It is not a big issue and be assured you will not be arrested. In the meanwhile you may get advance the case before next hearing date and get the said warrant recalled.
I could have explained more if background is known to me. I am at your service if you visit my office.
CLICK ‘like’ if satisfied or CLICK ‘Talk to Lawyer‘ for further clarifications
Querist :
Anonymous
(Querist) 27 September 2018
Thank you for your prompt reply Sir.
Can I consuly you for my case? My lawyer seems to be inadequate in this case.
Dr J C Vashista
(Expert) 28 September 2018
What prompted you to remain "anonymous" author as experts do not oblige such person as per rule of this platform?
If you have lost faith in your lawyer change him/ her immediately.
Querist :
Anonymous
(Querist) 28 September 2018
Thank you very much for your reply, Sir. IN future I shall definitely keep it in mind not to post as an anonymous person.
The problem is that all states have different approaches for same section. Mt lawyer applied for recall of NBW without my presence but Learned Court did not accept the same even though many citations were given and medical history was provided.
My only worry is that court would not cancel the NBW or recall the NBW even if I was present.
Guest
(Expert) 28 September 2018
How could you know that all states have different approaches for same section, and also how that concerns your case which is being dealt with in a single state?
Querist :
Anonymous
(Querist) 28 September 2018
Because, Sir, I have filed 3 cases in Mumbai in which I am complainant but here the Metropolitan Magistrate Court cancels NBW without presence of accused but in Bangalore that is not the practice. Even after giving citations and appeal by my lawyer, the
Learned Magistrate in Bengaluru has denied to cancel without accused presence.
