Warrant on accused - process not paid.
Querist :
Anonymous
(Querist) 16 October 2011
This query is : Resolved
138 case. 5 accused, a,b,c,d,e. 'a' is the company all others are cheque signatories. 'b' got stay of the proceedings from the High Court and his appearance is dispensed. During the stay period, c,d filed 317, 'e' not filed 317. warrant ordered on 'e'.
Complainant not filed process for obtaining warrant, even after three hearings.
After the warrant is ordered, without knowing this 'e' filed 317 in the next hearing. Magistrate refused to entertain 317 stating warrant pending.
Now my query is:-
1.Process not filed by the complainant for three hearings. Is there any time limit for remitting process?
2. If the process is not filed whether the magistrate order of warrant will lapse?
3. Whether 317 can be entertained?
4. Whether magistrate is having power to issue warrant even without remitting process fee by the complainant?
5. While the case is stayed, is it necessary for the accused to appear?
Arun Kumar Bhagat
(Expert) 16 October 2011
1.Process not filed by the complainant for three hearings. Is there any time limit for remitting process?
Ans: No limit. For non-filing of requisites Process fee case may be dropped u/s 204(4)
Cr.P.C.
2. If the process is not filed whether the magistrate order of warrant will lapse?
Ans: Case shall be dismissed, so warrant order shall also lapse.
3. Whether 317 can be entertained?
Ans: Without taking bail it can not be entertained.
4. Whether magistrate is having power to issue warrant even without remitting process fee by the complainant?
Ans: No.
5. While the case is stayed, is it necessary for the accused to appear?
Ans: No need to appear.
ajay sethi
(Expert) 16 October 2011
it is your case that b c,d,e are directors of company .
b has got exemption from personal appearance and application of c, d is pending for dispensation of personal appearance .
if e has not attended court , court was justified in issuing warrant against e . payment of process fees is prerequisite
it is only after warrant is cancelled or stayed will the court entertain application for exemption from personal appearance .
stay is granted for only b . other directors namely c, d ,e have not made application for stay so have to attend court . b need not attend court .
Raj Kumar Makkad
(Expert) 16 October 2011
I differ on reply of ques no. 4 as answered by Bhagat.
magistrate is fully empowered to issue warrant even without remitting process fee by the complainant. Court its own can also issue warrants.
I agree on rest of replies.
Querist :
Anonymous
(Querist) 16 October 2011
Expert Mr.Arun,
Expert Mr.Makkad views that the magistrate can issue warrant even without remitting process.
Under what circumstances a magistrate can issue warrant without process application by the other side.
Arun Kumar Bhagat
(Expert) 18 October 2011
In my poor knowledge only in case of Conviction Warrant issued against the convict not against the accused. I won't make commentover Mr. Makkad's advice.
