Recall of arrest warrant

Srihari P (Querist) 16 August 2015 This query is : Resolved
Dear Sir, In our case the accused is not attending the court since last 4 years
(From Aug 2015). Our Cheque bounce case is of Aug '2008 and it is in final stage (complainant's cross examination is pending). The accused appeared the examination u/s 250cc in aug'11 and gave the statement.Arrest warrant has been issued but he is managing the police and avoiding. Now with great efforts we are able to manage him to appear before court on 17th Aug 2015. He is planning to apply for the recall of warrant. We are afraid that if the warrant Is recalled again it will be difficult to get him before court for next couple of years. Pl anyone advice our options at this stage. The value of the cheque is Rs.30 lakhs.

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SAINATH DEVALLA (Expert) 16 August 2015
What were U and UR lawyer doing these 4 yrs when the warrant was pending execution.U must not have paid the requisite expenses (BETA).U R saying U have managed to make him present on the 17th Aug,but at the first instance he has to get his warrant recalled.IT is the discretion of the court to recall it or may even order him to custody for disobeying the court orders.The court may recall by production of surieties.

Srihari P (Querist) 16 August 2015
Thank u very much sir. Kindly advice our options to pray the court when the recall petition comes to bench. pl advice

Rajendra K Goyal (Expert) 17 August 2015
Recall of warrants is the discretion of the court.

SAINATH DEVALLA (Expert) 17 August 2015
Being a complainant why do want to pray before the court for recall.It is for the accused and his lawyer to do so. If U wish U can oppose the recall.

Guest (Expert) 17 August 2015
After the Recall of Warrant the accused should attend the Case Promptly Other Wise the Non Bailable Warrant would be Issued.Do Not Worry about that and Concentrate on Your Proceedings.

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