205 in 138 n.i.act

Enquiry before taking cognizance is not mandatory an affidavit may suffice. If complainant has a case that the said cheque was issued in Rajasthan then the case is maintainable there. Granting a 205 application is discretionary though this seems a fit case.

205 is at the discretion of the court but in this case there is a probability

Thanks for responses. Can anyone guide with Apex Court's or/& Rajasthan HC references re 205 can be allowed after warrant is issued or any guidlines that in such cases trail court should allow 205? Thanks in anticipation of yr advice.

First you have to appear , take bail and than apply for exemption.

There are no of tricks to contest it for dismissal / withdrawal.

However for exact opinion the copy of notice and complaint has to be seen.

The point is courts (mostly) take cognizance based on dishonored cheque and bank slip, this is done mechanically without much stress. Unfortunately courts do not have time,  honorable judge has to come to court everyday, so he does not bother about the convenience or inconvenience of accused or complainant. It is quite likely that on the first date if you present yourself from Bihar, the honorable judge is on leave.

Having said that, you have not much option with you at this stage. Present yourslef on the date and fight tooth and nail before charges are framed. In this case higher courts have gone in favor of lower courts, as far as maintainability with respect to 205 CrPC is concerened. 

Courts cannot issue bailable warrant if you have not received the summon, since the court has issued the warrant, that means some trick has been done from your side or by postal department. Only postal remark can clear this doubt.

Since you do not have the summons, we presume you do not have the copies of complaint either.