negotiable instrument act section 138
mehul dave
(Querist) 19 January 2009
This query is : Resolved
i have lodged a complaint in the court under sec 138 of the negotiable instrument act before 6 years. till the date accused is not appearing in the court so i submitted an application for bailable warrant. the same was granted. i fear that the policemen will not serve the warrant and the same will return unserved. i know that the accused is awailable at the same address. my question is that can i call a policeman in the court for showing cause why the warrant was not served even though the accused is residing at the given address and how? under what section? what other remedy is awailable to me for to secure the presence of the accused in the court? what actions i can take against such policemen who does not respect law and does not obey the order of the court just for the sake of few money? thank you v. much
ARVIND JAIN
(Expert) 19 January 2009
YOU MAY GET ORDER DASTI AND GET IT EXECUTED THROUGH POLICE.
Srinivas.B.S.S.T
(Expert) 20 January 2009
If the accused received the notice in the same address you can bring out the fact to the notice of the court and under the ground that the Accused is wantonly avoiding service of BW you can seek issuance of NBW.
mehul dave
(Querist) 20 January 2009
resp. sirs, i am very much thankful to you for your kind support and help