ankit namdeo 18 August 2015

138( ni) accused not appearing

Hello Advocates, I am from complainant side of a case u/s 138(NI) which is going for last 1 years. check amount is rupees 43000. The accused did not appear for which court has to issue bailable warrant of rs 2000. but accused is not appearing in the court.when i ask to my advocate about warrant. my advocate say report has not come. same warrant will be issue again. today third time bailable warrant issued. so i would like to know -
how much this process rolling. what can i do in this situation? when arrest warrant will be issue? my advocate said , because amount in rupees 43000 hence there is no expectation of punishment. you will get only fine. is it true ?

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5 Replies

SAINATH DEVALLA (LEGAL CONSULTANT) 19 August 2015

Offence under NI ACT has no bearing on the amount for which the cheque has been issued.UR lawyer is wrong.If U know his address U can assist in getting the warrant executed.

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ankit namdeo 25 August 2015

Hello sir, thank you so much for reply i know his address so how i can assist to warrant execute. and . yes you are right. but he told according to his practical knowledge. do you tell me any case in which accused got punishment and amount was less than 50,000 . it can help me

adv.raghavan (Advocate,9444674980) 26 August 2015

Let us not dispute your counsel, confine yourself to case and try to seek help from local police for issuance of warrant, if he is evading process, try to get NBW. . It will be hard but at the end of day you have to sweat it out to get your money back, that is the order of day. Only by continued and sustained effort you can crack cheque bounce cases.

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ankit namdeo 07 November 2015

First of all thank you so much for your reply.
I had got first hearing date on 28/11/2014. after that tareekh pe tareekh-3 . next date 26/2/15 then 14-may-2015 then 18-aug-15. now 20- nov-2015. as far as i know, he is giving money (bribery) to police. therefore police is not executing bailable warrant.

kindly tell me detail procedure for non bailable warrant. how can i get NBW?
kindly tell me all the remedy.

(Guest)

YOu areone of lacs of litigants sufferign a crying in courts expressed well by Sunny Deol role in Hindi movie.

What judge can do? Will he go to deleiver warrant?

Not only polcie but our laweysr, court clerks and the court servers are corrupt. A good numberof them. Fles get misplaced in court recrod and ahalmads get away.

The whoe system is roitten as no one gets punishment. Alawyers charges huge fees collects money and moves out from case. Does not attnd court. What happens? Such peopel should go to jail summarily and licence cancelled permanently. But doe shtis happen?

SAame with polcie.Whole country has gone berserk and no one is acocutnable to any one.People have simply resigned to fate hoping for some Messiah like christ to reappear.

If bailable warrants are not served how non bailable can be issued? Helppolcie to get itserved. The guy might have changed address. Thereareprocedures for service of waarant and nextaction by court. So ask lawyer about that.

people dont even obesy court order.They wont pay or do what is directed. In India it is endless litgation.