Non bailable warrant convert into bailable warrant
PRAKASHCHANDRA MARU
(Querist) 08 October 2015
This query is : Resolved
1 That petitioner is prosecuted by police station in m case no ------- along with his husband namely Mr. x under section 406,467,468, and 114 of I.P.C. That Mr. y filed private complaint in the court of chief judicial magistrate. Against the Mr. x and his wife Mrs. X.The learned magistrate was pleased to pass an order under section 156 (3), of criminal procedure code. The said complain was sent to the police station for investigation after the investigation the police has fled the charge sheet against the Mr. x and his wife Mrs. X.
2 According to complain of complainant, the complainant is doing business of bandhani and agarbatti, etc. That on one day accused Mr. x came before complainant at his shop and showed his visiting card and represented that he is running institute in Ahmadabad under the name and style of Gujarat mahila vikas trust. The accused further told that the said institute if government approved and that the institute is going business in lac and the government institution is going to purchases your products.
3 Thereafter complainant showed different items the accused selected certain items and talked about terms and conditions regarding payment and informed that when the goods will be sent at Ahmadabad will be made. The complainant refused for the said condition. Thereupon the accused told to give the debit bill and that on receipt of the money from Ahmadabad within two to three days. He will take away the goods.
4 Thereafter after passing some period accused came to the shop of the complainant and informed that he has not brought such a big amount from Ahmadabad but he will issue a/c payee cheque of today. The complainant relying upon the accused accepted the cheque of rupee 36525/- . The said cheque was signed by the accused namely Mr. x. as the president of Gujarat mahila vikas mandal trust thereafter goods were supplied by complainant to Mr. x.
5 Thereafter, the said cheque of Rupees 36525 was deposited in the co-operative bank ltd but the said cheque was dishonored. So complainant went at Ahmadabad in search of the accused and after procuring searching of residence went the his house accused was not present there but accused no -2 (his wife) informed that her husband has gone out of station for work and he will come back with in 2 to 5 days. Thereafter, the complainant went to state bank of saurtstra khadiya branch paldi Ahmadabad but the manager informed that in the said cheque it is read as paldi branch so complainant at went at paldi branch but the manager informed that there is no account of Gujarat mahila vikas trust but there was account of Gujarat mahila vikas boar and the cheque of there series are not issue from our bank. Then after complainant complain the private criminal complaint against accused no 1 and 2
6 Meanwhile accused no -2 was absent before the court so court issued non bailable warrant against her so There after accused no -2 went high court for quashing the complaint against her because she has no any kind of role so high court has not allowed his criminal mis application but high court has given direction to apply before the session court and convert non bailabale warrant into bailable warrant
7 In such incident the anticipatory bail will be put as same as we regular put before the court pls suggest
P. Venu
(Expert) 08 October 2015
At this stage, the order of the High Court makes no difference to the proceedings in the Trial Court. The suggestion to A-2 to apply to the Trial Court for bailable warrant is a benign one.
Rajendra K Goyal
(Expert) 09 October 2015
Discuss with your lawyer in detail who is aware of full case file.
Dr J C Vashista
(Expert) 11 October 2015
@Sh. Rajendra K Goyal,
Mr. Parkash Chandra Maru is an advocate and wanted to confirm his strategy to proceed in the case of his client. However Mr. Maru should consult a local senior lawyer for such advise.
@ Mr. Parkash Chandra Maru,
1. Mrs. X has no role in the case and her name should have been deleted from the case/FIR against her was to be quashed by High court.
2. The complainant has the option of proceeding against the accused u/s 138 NI Act, 1889 as well as u/s 420/419/406/120B IPC.
The complainant, after obtaining information qua the cheque book, its issuing bank branch and details of the account of the cheque book can also move against his banker (u/s 120B IPC) who has issued cheque book to accused, from which the accused has used the cheque leaf and drawn in favour of complainant.
4. With respect to your query of NBWs to convert into BW is asking Gangaji to move towards Himalaya (Gangotri) which is other-way-round.
K.S.Srinivas
(Expert) 12 October 2015
Well advised by Sri Vashista.
