Nbw warren issued

Gaurav Sharma (Querist) 18 October 2017 This query is : Resolved
Court has issued nbw under section 138 case plz let me what can be done n if the warrant can be cancelled n how

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Guest (Expert) 18 October 2017
By Appearing in Court in Person the NBW would be withdrawn.

Guest (Expert) 18 October 2017
Discuss with your Advocate and in such situations if you handle this your self you would complicate

Guest (Expert) 18 October 2017
Ensure that you are Present for all the Court Hearings to avoid such complications/issues

NANDKUMAR B SAWANT (Expert) 18 October 2017
You may submit application for cancellation of warrant mentioning reason of absence on last dates and enclose copy of medical certificate if sick on said dates or give reasons.court may consider and may impose cost ..if bail is cancelled by court you check previous orders and furnish fresh bail and surety if bail cancelled.pl.note.n.b.Sawant advocate high court

Rajendra K Goyal (Expert) 18 October 2017
Appear in the court, submit application for cancellation of NBW through your lawyer.

harsh asthana (Expert) 18 October 2017
NBW can be withdrawn easily provided you take prompt action and don't delay the matter as it will become deficult if you do not appear for subsequent hearings

P. Venu (Expert) 18 October 2017
What is the stage of the trial? Has the warrant been served upon you?

Sudhir Kumar, Advocate (Expert) 19 October 2017
Nothing more could be advised on the given facts.

Dr J C Vashista (Expert) 19 October 2017

Mere presence in the Court on date fixed shall not be sufficient for the accused from being taken in custody as advised by one of the expert, which I disagree.
When was the NBW issued and what is the next date of hearing?
Whether the police has already arrested the accused?
If the warrants for arrest of the accused is not executed by police and application for withdrawal/stay of NBWs has not been moved and allowed, the accused shall be taken to custody whenever present before the Court.
There are number of issues involved in this academic query.
Did you discuss the query with your lawyer, if it is not an academic question?

Guest (Expert) 19 October 2017
Practically In Sec 138 cases issuance of NBW for not appearing in Court and withdrawal/Cancellation of the same on presence/appearance are just normal procedures.Commentators could /should visit the Courts to understand the same.

P. Venu (Expert) 19 October 2017
Yes, the warrant is just for ensuring appearance in the Court. In this context, stage of the case is of critical importance. The matter could be serious consequences, if the accused has already appeared in the Court and taken bail and remained continuously absent thereafter. However, if the accused is yet to make appearance has not taken bail, the easiest way is to make an advance petition before the warrant is served and apply for bail and seek recall of the warrant. Both the reliefs would be allowed in the routine course.

Rajendra K Goyal (Expert) 20 October 2017
Agree with the expert Dr. J.C. Vashishta.

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