Process for NBW

Private

Hello,

I have a cheque bounce case. I am in A.P and the accused is in Tamil Nadu. The accused did receive my legal notice but never replied. The court recently sent the summon to the accused and he refused to receive the summon and thus the post office return the same to the court. Today we applied for a warrant stating that the accused has been served since he delibrately refused to receive the summon. The magistrate agreed and has ordered NBW. In the process he mentioned something about 'process' and asked my lawyer to take care of it and posted the matter @2 months from now.

Unfortunately my lawyer has no clue what to do next and I feel that we may have to apply for process of the NBW. I do not want to wait for two months, only to find out that my lawyer didn't to what he was supposed to have done. Thus I am seeking your help with the same.

Once the magistrate orders NBW, what does the complainant need to do to ensure that the WARRANT goes to the correct police station that has the jurisdiction on the accused?

FYI: The court has correct address of the accused but doesn't have the concerned police station address.

Your help with the above is much appreciated.

 
Reply   
 
Sr. ADVOCATE Bombay High Court Mob: 9892432152

 

 Dear RajKing

Magistrate usually  issue Bailable Warrant, after Summon. [summon>bw>  nbw> arrest> @@@]

NBW is not as per procedure. However, ok if issued, well and good.

If your Advocate applied NBW “BY HAND DELIVERY”, The Court will handover to you the Warrant, addressing the concerned Police Station.

You can directly go to concerned Police station with the said Warrant of Arrest, and with that Local PSI, can arrest the accused, to bring him to the Court at AP. You have to Pay Process Fees for the same, say about Rs. 50 or so, ask court clerk, and pay by affixing the amount of Court fee stamps below the
Order of Warrant. You may send Warrant by Speed Post/ Regd.  AD Post,  or thru Court, by Post or Personally.

To ensure it, I advise to do personally, or thru your staff, or reliable friend, by hand to ensure it reaches Police Station.

Now the Police Have to act, serve upon the accused, arrest him, bring to AP Court.

Here one have to be practical. If you co-operate with Police, and Police Co-operate you , accused will be arrested,

If Accused co-operate with the Police, and Police co-operate with accused, There are plenty of excuses, such as” Door as Locked when went” “Not available , gone out”  “ Left this address”

OR His wife sign, and in Cr.P.C., it is invalid, rtd as not served, and You may waste a year or Two in this PROCESS serving Warrant, after all it is  a PVT case.

In this PROCESS, All depends upon   whom the Police Co-operate, and who influence the Police More. [More Money, More Fight] Sometime, Political or other influence works!  Beauty are known to Police, not Duty. Who and what influence thee Police is a matter of fact, differ from Place to Plce, and person to person. I am her at Bombay, with this age of 63, know all these, and understand, how to get work done through Police.

OR POLICE REPLY TO YOU “ Now You do not interfere, we will do our work, now go” and Police will inform accused, get his co-operation, and advise  to be away when he visit his residence or work place to serve Warrant. !” Can anybody prove the corrupt practice?? More the amount of Cheque, more the Co-operation.  Reputed Businessman pays very high to avoid arrest. Police ka lottery to lag gaya, tum ko paisa mile ya na mile , unko to 100% milega, chahe app do yya accused dega“  Police will certainly take Three Chances every two months, till you issue Show causer Notice to SP.

You can always find out correct Police station, use Google, and all PS of that district, in Tamil Nadu. It is not difficult, and all Mobile, phone No are available, cal them , and inform u want to serve NBW, They will willingly Co-operate to inform you the correct Police Station, Uska Lottery ka ticket jo tum bhej rahe ho” he will guide you for correct Police station. So you will have concerned police station address, and you can ask him to co-operate, with your man.

Remember, our communication is privileged, and confidential, as you are consulting Lawyer on roll of LCI.

I hope, this will clear all your doubt, and help you achieve your objective, after all you too want your money!! it works. 

Bye,

Adv Shroff

07-12-2011

 
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POWER OF DEFENSE IS IMMENSE

Now SC has issued strict guidelines for issue of NBW. Go step by step NI 138 cases take years and years now to settle.

 
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Private

Thanks Mr. Shroff and JSDN.

NBW is what I heard that the judge said but will wait for confirmation. I think in this case it desrves to be since the accused has refused to receive the summon even though he has received my legal notice twice leading to the institution of the case...

FYI. I can manage the local police as I know how to torture them if they don't act as per law. I also know the police station covering the accused's address since it is my native place.... I meant the court doesn't have that information and thus I asked my lawyer to pass it onto them...

 

Dear Mr.JSDN, could you please post the link to that SC judgment(s) with strict guidelines on NBW?

Thanks

 
Reply   
 
c.crime@yahoo.com

Dear Mr. JSDN, all your posts are pro accused why ?

A victim doesn't matter to you or what ?

Do you always think that accused is right and not the complaints ?

 
Reply   
 
Private

Originally posted by :JSDN
"
Now SC has issued strict guidelines for issue of NBW. Go step by step NI 138 cases take years and years now to settle.
"

Perhaps Mr.JSDN was referring to this judgment:

http://www.indiankanoon.org/doc/1934058/

I have gone thru it and found nothing repugnant to issue NBW. It only suggests to go slow on NBW but ultimately it is upto the court to decide based on the facts and circumstances of the case and the SC has clearly refused to lay any specific criteria as such...


Thanks

 
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Advocate/ nadeemqureshi1@gmail.com

Mr. King

Mr. Sharoff is rightly and very well explained the matter, i think you got your answer

feel free to call

 
Reply   
 
Private

Dear Nadeem,

Yes I did get the answers for my questions and will follow the same... I have learned something today!!! One is about the SC guidelines and the right of the magistrate to decide whether to issue NBW or BW, two is on the gimmicks that police might play with your warrant... thanks everyone.....


Raj

 
Reply   
 
Legal Evangelist - TRIPAKSHA

NBW can still be issued, if all other modes to get the presence of the accused fail.

 

There is no bar on issuance of NBW.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

 
Reply   
 
POWER OF DEFENSE IS IMMENSE

Yes I am for the accused since I am surprised how value is released against security of cheque only. Money sharks have monopolised the NI 138 prosecution.

 
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