138 complaint
P.C. Joshi
(Querist) 22 April 2013
This query is : Resolved
Dear Friends,
We have filed a complaint u/s 138 against accused in Bangalore. The accused had been hiding for a long time so summons could not be served on him till date. The court has finally issued bailable warrants against the accused to be executed through the Commissioner of police. The next date of hearing is on 27th April. The accused has cheated many people and in one cheating case he has been arrested and currently in the jail. Our local advocate has informed us that the local court has refused bail to the accused and the bail can be granted only by the high Court. Our advocate also informed us that the bailable warrant which the court has issued to him under 138 complaint can not be served while the accused is in court. I have some queries and I shall be grateful if any one can guide me in this regard.
1. Is it true that the warrants can not be executed to the accused while he is in jail?.
2. How can the presence of the accused be ensured to appear on 26.04.2013 before the MM in our case if the accused gets bail prior to 26.04.2013 and in case the accused does not get a bail by then and still remains under lock up.
3. What is the other option to execute our BW. If the court issues a fresh non bailable warrants against the accused how it can be executed while the accuse is in jail
I shall be grateful for your opinion on the avove.
Thanks & Regards
P.C. Joshi
M.Sheik Mohammed Ali
(Expert) 24 April 2013
you can ask for Prison Warrant to produce your case before the JM
