Nbw on accused in a case filled under ni act cheque bounce case
Srihari P
(Querist) 16 April 2015
This query is : Resolved
Sir, we filled a case for the cheque bounce in 2008 in visakhapatnam. The accused is from Bhubaneswar. The trial started in 2011 and the accused presented at that time for examination. In 2012 March we furnished all the documents and final evidence. From then the accused and his lawyers started absenting. Court issued NBW in 2013 and it was kept pending till recently. In the first week of April with great difficulty and efforts , we managed the Police to take action for the execution of the warrant. They took him into custody but presented him in local court at Bhubaneswar and executed the nbw. He was given the bail by local court.
But he is still avoiding the court and not attended the court yesterday.
Pl advice me the possible action we can initiate against the accused. The Accused has the habbit of neglecting and disrespecting the judiciary inspite of 6 NI act cases pending against him.
Anirudh
(Expert) 16 April 2015
If the accused had issued the cheque from his bank in Bhubaneshwar, then as per the latest SC decision, your complaint has to be returned to you and you have to file the complaint within 30 days from the date of such return, before the Magistrate under whose jurisdiction the Bank of the Accused falls.
Srihari P
(Querist) 16 April 2015
Sir, the matter is not of the jurisdiction. Since it is already in advance stage and almost pending judgement, this question doesn't arise. Now we are finding the options we have to bring the accused in front of the court
Rajendra K Goyal
(Expert) 16 April 2015
Agree with the advise of expert Anirudh based on the Supreme Court Ruling.
