Arrest warrant in case under section 138


Dear friends,

I had been issued two cheques amount to 300000/- in 2013 towards repayment for deposit I had made towards purchase of equipment that this dealer could not fulfil. However both cheques were dishonored. Consequently I filed case against him under section 138. However service of warrant is not done because the accused has fled to Canada. I have provided the address of Canada to the court. The case is in sessions court. However although the order for issuing arrest warrant was proclaimed almost two months back, yet the arrest warrant has not been issued yet. My advocate has advised me that the judge shall first ascertain if he has the authority to issue warrant of arrest for a person who is in Canada, since it becomest international issue. Hence, the delay.

I request the learned advocates here to advise if there is a provision in law which empowers a sessions court judge to issue warrant of arrest which is to be served in another country (in this case, Canada). It would be extremely helpful if some precedent or case is also posted here.

In anticipation of productive replies and information,

Thanks, and warm regards...

 
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Advocate

The court has every power to issue warrant if the accused named in a complaint or police case pending before it if the accused donot appear inspite of due service of notice or summons as the case may be. Such warrant shall be issued to concern police station where the accused was residing who in turn shall serve the same through concern embassy. police can even get red corner notice issued.court can also direct the police to serve the warrant through embassy.

 
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