How to get arrest warrant in 138 ni act

abhishek baj (Querist) 17 March 2012 This query is : Resolved
is there any ruling by any higher court of india regarding proclamation on the refusal of service of bailable wrrant under 138 ni act

and is there any ruling by any higher court of india regarding accused absconding and on that migstrate can issue non bailable warrant

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SAINATH DEVALLA (Expert) 17 March 2012
Dear Abhishek,

I have already answered your query this evening.Once the accused does not attend court on your next adjournment,the Magistrate will issue NBW.

Nadeem Qureshi (Expert) 17 March 2012
Dear Abhishek
no need any citation or judgement in this regards, approach the court in which the matter is pending and get the Warrent
feel free to call

Shonee Kapoor (Expert) 17 March 2012
Repeated query.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

V R SHROFF (Expert) 17 March 2012
if accused remains absent, complainant must apply to issue NBW Court will issue it.

Deepak Nair (Expert) 18 March 2012
In 138, if complaint fails to appear even after service of baillabe warrant or when the case is at the stage of hearing, the complainant can apply for NBW and the court will grant the same.

No rule is required where the law is clear.

Raj Kumar Makkad (Expert) 18 March 2012
No ruling in required for this procedural law. Magistrate has no other option but to issue NBW in such event.

Guest (Expert) 18 March 2012
Please come forward with actual problem instead of hypothetical academic questions.

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