you may not succeed, 138 NI Act is summon trial and no arrest is required, NBW only issued when accused deliberately avoids litigations, police or state are not made party to the case, no need of police in these cases, it is mentality of we Indians that if we have some sort of debt we just issue cheques thinking that the other person cant do anything, even otherwise it used to take 2-3 years to recover such amount, so taking interest to protest cheaters doesn't show a good faith, your writ will likely to be dismissed with heavy costs, please do not file it.

welcome with negative inputs which is better than no inputs.

Yes I agree with Mr. Samar.Advocate, because you generally treat the issuer of cheque, a victim of loan sharks and you always cry for those culprits and not for the innocent who lend his helping hand to the needy,out of compassion,since you have a negative attitude towards the society as a whole.

Moreover who says, bail is a right?No sir, it is the perorogative of the court whether to grant bail or not and meanwhile can you cite the reference of Mehre case?Come to Uttar Pradesh and you will realise the truth where my son"s bail was rejected thrice by the same District judge u/s 364 IPC and it was not even murder.

It is very simple when one doesn't have enough funds in his account then why to issue cheque for nothing?It is simply to borrow money with deceit.

Comeon Mr.Shashi Kumar, do something constructive which is good for the society.I pray you shouldn't get any support of the people for such an unlawful action of yours.

Normally NBW are not issued immediately by Courts in 138 NIA cases. Firstly notice is issued, then BW and finally the NBW comes into picture. Even if those are issued the same can be got cancelled by assigning reasons for non-appearance to the Court. 

sir

I agree with Mr. Samar.Advocate,

so please dont try

I agree with the opinions expressed by Mr. Sameer, Mr. Om Prakash Dhusia and Mr. Amit Minocha that it would be futile to file such a Writ Peition.  The Writ Peition would be against the very spirit of the amended Negotiable Instruments Act which seeks to streamline the use of cheques in financial transactiions.  It is also rightly stated that the Courts do not issue NBWs right away.  First a bailable warrant is issued on the accused's default in appearing before the Court. After the bailable warrant is executed and again the accused fails to appear before the Court, the Court rightly issues non-bailable warrant.  If the accused contends that the case is false, he has the option to approach the High Court under S.482 Cr.P.C. for quashing the proceedings. If the case is really false, the HC has the powers to impose punitive costs.  So, there are enought safe-guards provided in Law. It will be difficult to support the Writ Petition.

D.J.Khatri, Advocate, Mumbai

In complainyt case the court served copy of the complaint followed by bailable warrant and again followe by non bailable warrant depending on the circumstances of the case and considering the liberty of the citizen. But if you think that there are greys area in the law i wish you the best in your noble efforts.

Mr Dhusia please read the attached judgment of the SC for bail, you advocate has not put it before the court.

And Mr Dhusia also read the SC directive to UP Govt and UP courts for bails.

And those suggesting HC , is it easy.

And for advocate friends supporting arrests which I think is without any practical experience , please see even a BAR COUNCIL OF INDIA MEMBER is not spared.

NEW DELHI: CBI on Monday arrested a member of the Bar Council of India on charges of alleged corruption in granting affiliation to a law school.

Official sources said the agency arrested Rajendra Rana, member of the Bar Council of India and conducted searches in his office and residential premises.

In total, about seven places were raided by the CBI in the National Capital Region in connection with the case.

Sources said the case related to grant of affiliation to a private law college in return of illegal gratification.

Read more: CBI arrests Bar Council member, raids his premises - The Times of India https://timesofindia.indiatimes.com/india/CBI-arrests-Bar-Council-member-raids-his-premises/articleshow/7135652.cms#ixzz1A8oZOBw2

20^TH DECEMBER 2010 TIMES OF INDIN  MUMBAI.

Can a Delhi court entertain complaints u/s 138 NI Act is the cheque which has been dishonoured has been

issued on a Bank with its branch in Noida ?

Thanking you for enlightening me with these developments but the truth is that accused under 302 IPC are not granted bail as yet even from the H'ble High Court at Lucknow bench and we have never heard of Anticipatory Bail in U.P. despite a clear ruling from the Apex Court.So why Secretary Law and Order is not hauled in the court for flouting orders from the Honorable Supreme Court? 

Your advocate should also be hauled by not keeping in touch with latest case laws.

What supreme court has told that till the law is changed in UP the sessions courts must grant intrim bails. WHAT ELSE YOU WANT , EVEN IF THE UP GOVT DOES NOT ENACT LAW TILL THAN THE SESSIONS COURT MUST GIVE BAILS.

AND FOR YOUR INFORATION THE UP GOVT IS TAKING STEPS IN THIS MATTER BUT IT TAKES TIME TO COMPLETE PROCEDURE.