NI Act 138

Bring it to the notice of the District Judge.

The Court shall issue NBW when B/W could not be executed.

I regret very much.     My previous reply was based on my misunderstanding that summons was not issued by the Court.

When a summons is not served, normally a second summons is issued,     If the second summons too is not served?      I think it's the duty of the Plaintiff to trace the Defendant and take the Process Server to the Defendant.

I don't think a warrant can be issued because the defendant is not a criminal.     If the defendant refuses to receive summons, warrant can then be issued and his property be attached.

Most probably I'm wrong.

I invite rebuttals.

I don't think the adjectives bailable and non-bailable can be attached to warrant.      There're bailable and nonbailable offences but no bailable and nonbailable warrants.     Not even one person in a hundred perhaps agrees with me.     And perhaps I'm wrong.   

Once a warrant is issued, the party must, in my opinion, be produced before the Court within 24 hours of arrest; no bail.       

Unless BW IS SERVED and accused do not appear than only NBW can be issued.

Sir,

You said BW in not served. I guess Summon is served. In that senario further steps depends on the report of the police office that why the BW was not served. If he says that the accused has ran away or left without address, the court can declare the accused abscond (Farar in hindi). Once the accused is declared abscond, police can serarch for his location using his mobile number and can trace him down. Court also issue standing warrant(arrest warrent) against accused. This will give him a status like criminal. 

Regards,

Abhishek Dadhich

Advocate 

Beawar, Distt. Ajmer (Rajasthan)