have filed the complain under sec 138 against 4 partners.Court had issued NBW to 2 partners who lives in surat ,3rd got bail (resides in mumbai)and the 4th(also resides in mumbai) appeared in the court.Earlier also NBW was issued once on both the partners but they didn't appear on the date which was on 20th Nov.I don't know but it seems they must have made some adjustments with the police.Now the court had again issued NBW against those two who lives in Surat and again the report submitted by the police says that they were not there when the police had gone and they didn't appear in the court. Based on which i had few querries:
1) 2nd time it had happened ,again if the same thing happens as the police again makes the adjustment with the two of them then how long the same thing would continue as it will happen again and again?
2) If those two appears and the rest in Mumbai doesn't appear then what to do as i suppose all of them has to be present?
3}My lawyer says drop the 2 persons from surat as they have not signed the cheque so that the case can move to next stage,so should we drop them or not?
4) Is there any provision where the court can instruct the mumbai police to go to Surat and arrest them or we have to follow some process so that mumbai police comes with us and arrest both of them?
5) How long the case will run as it has not yet started and its been 4 years
6) Can we also file Civil case which will run along the criminal and if yes does the civil case impact the criminal one?
7) The penalty for Criminal is uptil twice the amt or 2 years of jail or both,whats the penalty for civil case?
8) Can we get the reward of both the case of Civil and criminal if we win both the case?
9) Do we have to pay certain deposit for Civil cases and how long does the civil case runs?
10) Is there any way where this case can be taken on fast track?
11) Also my father remains ill who has done the case ,so what can be done so that we can convince the court to take the case on fast track
12) Is there any provision where a person who turns above 60 can claim to take the case on fast track?
