nagarjuna 21 October 2015

Case status

Hello Team,

My father was accused in a cheque bounce case with the below details. Kindly go through those details and please help me out to understand the case status.

"case type: CC,

under acts: negoitiable instruments act, 1881

under sections: 138 ns142 of NI act

My father's case hearing date was today, our lawyer told us not to attend the court today, as he has submitted some petition against the other party. However while checking case status online, i found the case status as below,

" Complinaint called absent petition filed u/s 256 crpc and allowed cheif affidavit of pw1 filed issue notice to otherside accused called absent no representation hence issue NBW against the accused on payment of batta call on 23.10.2015"

this is the exact version of the case status, whihc I read on Court website online, can any one elobarate the above message in detail, as I am very new to this type of business and having very poor knowledge in the law terms..

Thanks in advance,

A poor Indian

Reply Follow

7 Replies

Vivek Chaudhary 21 October 2015

Dear friends Because of non appearance of your advocate and you the concerned court has been issued a non bailable warrant against of you. Now you have to file an application for cancelation of NBW in the concerned court through any lawyer. Otherwise any point of time your father can be arrested. Regards Vivek Chaudhary Advocate

Vivek Chaudhary 21 October 2015

You can get back to me on my mobile number 09953890279 Vivek Chaudhary Advocate & Legal Consultant

Anil Agrawal (Retired) 22 October 2015

Your adv has cheated you.

nagarjuna 23 October 2015

Thanks for your time & your detailed explanation..

Our lawyer is saying that, he was late to court on hearing date, so judge has issued NBW against my father. And also he is saying that, he has explained to judge orally about this.Now, he is giving assurance that, he will file a petition to cancel that NBW.

Any way thanks once again for your time and valuble comments...

R Trivedi (advocate.dma@gmail.com) 23 October 2015

See, your lawyer told your fathernot to be present and deliberately created this issue ? What can I write about such black sheeps ? Anyway go to court and find out what is this S.256 petition, this is for dismissal of complaint in absence of complainant. If your lawyer was not there then who moved it ? But change the lawyer, he is not a reliable man.

Dr J C Vashista (Advocate) 25 October 2015

I differ with the opinion and advise of the members, NBW has been issued against the accused as he did not appear before the Court when his case was taken up.

On the other hand if advocate is late or engaged somewhere else and accused got his presence marked by the Court, NO (REPEAT NO) court shall issue NBW against the accused, rather the Court shall have to allow a "pass-over".