138 ni appeal against conviction in session court
ASHOK MAHESHWARI
(Querist) 16 October 2015
This query is : Resolved
In case of dishonour of cheque, accused was convicted by lower court for two cases of 138 NI and now he filed an appeal in the session court. I am respondent and appellant/accused is an advocate. Appeal is filed in April,2015 after that for about 6 dates no one from appellant side attend the court on dates of hearing. Initially warrant and then two times NBW are issued, but warrant were un-served, so this time (third time NBW) warrent in the closed cover are given to me for directly to give to police station/SHO. PSI in-charge of warrant section says that the accused can be released from police station on bail. Is it possible that accused can be released on bail from police station in case of NBW? If no than what is possible? Thanks in advance for suggestions.
SAINATH DEVALLA
(Expert) 16 October 2015
U mean to say the accused/respondent/appellant is an advocate?
if the warrant is issued by the court,how can the police release the accused on bail.They have to produce him in the court.
ASHOK MAHESHWARI
(Querist) 17 October 2015
Yes accused/respondent/appellant is an advocate; and PSI in-charge of warrant is his supporter by any way...
ASHOK MAHESHWARI
(Querist) 17 October 2015
Yes accused/respondent/appellant is an advocate; and PSI in-charge of warrant is his supporter by any way...
Anirudh
(Expert) 17 October 2015
Please do your duty - that of handing over the NBW given in a cover addressed to the SHO, by properly getting the acknowledgement from him.
If he releases on bail, he will face the music!
Rajendra K Goyal
(Expert) 17 October 2015
You just handover the envelop to Police Officer. Let the things move as per procedure.
dev kapoor
(Expert) 17 October 2015
Hi,
Convict has filed appeal and is not prosecuting the same in Sessions Court.There is no procedure that Court should secure the presence pf appellant, may be in a criminal case or civil.Law is that if the appellant does not appear before appellate Court,this Court has to dismiss appeal ion default instead of securing appellant's presence.That's no law.Proceedings under section 138 NIA are in the nature of quasi-civil & procedure of issuing Warrants,bailable or non-bailable, is unknown to Cr.P.C.
In case of appeal against conviction appellate Court must have suspended sentence of appellant.The Judge has the power to withdrawn order of suspending sentence and send file back to trial court directing it to issue warrant of sentence i.e issue a NBW and when convict is brought b4 convicting court & then this Court causes his arrest and issues Sentence Warrant.
Any other procedure adopted by SJ is unknown to law.
Post an application praying all this & insist SJ to dismiss appeal in default and act accordingly.
ASHOK MAHESHWARI
(Querist) 17 October 2015
I hope as per advise of learned and respected Dev Kapoor, I shall insist my lawyer to act acordingly for the dismisal of appeal. Thanks a lot
SAINATH DEVALLA
(Expert) 17 October 2015
Rightly concluded by the above experts.
T. Kalaiselvan, Advocate
(Expert) 22 October 2015
Yes, you may give instructions to your advocate to insist on dismissal of the appeal.
