Ist one complaint u/s 138 Negotiable Instruments Act was lodged for one dishonored cheque.
After taking cognizance, summon was issued to accused. Summon was sent to Accused through Registered AD. Afterwards, Bailable Warrant of Accused was issued which was taken by complainant by Hand from Hon’ble Trial Court and sent to Police Station by Registered Post in which area accused lives.
The date upto which Bailable warrant was to be executed has expired but neither it was executed nor non-executed Bailable warrant with Police report were sent back to Hon’ble Trial Court upto the date on which it was to be executed.
An application under RTI was sent by complainant to Public Relation Officer of Police Station to know what has happened to this Bail Warrant. A telephonic call from the SHO of Police Station came to complainant that the complainant has not any right to ask about the same under RTI Act, only the concerned Hon’ble Trial Court has right to ask about the same.
- Please let me know whether the SHO is correct?
In addition to above, SHO sir also told that no such bailable warrant was got by his Police Station when told it was sent by Registered post, it was replied by him that normally persons send Empty Envelop to get sympathy from the Court for getting their complaint u/s 156 (3) lodged, what is the proof of sending Bailable Warrant in the Envelop?
- Please guide how to prove that complainant sent Bailable Warrant in the Envelop, not Empty Envelop.
IInd complaint u/s 138 Negotiable Instruments Act was lodged after some time for one another dishonored cheque against the said accused arising out of same transaction. Again cognizance was taken, Summon was sent through Registered Post, afterwards another Bailable Warrant was issued and same was sent through Registered Post on 18.04.2023 to be executed upto 16.06.2023 to same Police Station.
- Please guide whether complainant can ask under RTI today itself i.e 15.05.2023 { means before 16.06.2023 (the date upto which to be executed) } whether the Bailable Warrant send on 18.04.2023 was executed till date or not ? Or
- whether complainant should wait upto 16.06.2023 and if not got in the Hon’ble Trial Court on that date , afterwards should ask uuder RTI about fate of the said Bailable Warrant? Or
- Should not ask under RTI about this Bailable Warrant in IInd Complainant as SHO sir said that only the Hon’ble Trial Court has the right to ask ?
- Please any other remedy to get executed Bailable Warrant as Accused is an influential person.
