OldWine007 (Service) 23 July 2014

The person gave the cheque not turning up at the court

I have files a criminal case u/s 138 following the stipulated time limit through my lawyer. In spite of court's summon received at one of the four addresses given by the parson who gave me the cheque - the person is not turning up in front of the judge though he talked to me over phone asking for more time to make the payment. Subsequently, warrant has been issued but police has not arrested & produced the person at court as instructed in the warrant by the judge. My lawyer says, it is mandetory to bring the person to court at least for once - to get even an ex-party judgement. My question is : how long the person can avoid to come to the court & not being booked by the police? What measures he can take to avoid? What remedies I have to bring him to book? Please help.

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7 Replies

naveenraj jain (proprietor) 23 July 2014

You have to go to Police station with copy of warrant and show them the place where he stays. Try this method

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 23 July 2014

Dear Querist the court have no power to pass an ex party order/judgment in criminal case, the court may issue warrant, start proceeding of PO, nothing else. You have to search him and try to booked him or arrest him through police otherwise the case will be pending till his presence before the court. there is no other option in law........

R Trivedi (advocate.dma@gmail.com) 23 July 2014

First thing you should do is : Change your Lawyer.

T. Kalaiselvan, Advocate (Advocate) 25 July 2014

You have to follow it up through police for helping them nab the accused by executing the Non bailable warrant. If you keep silent after filing the case and process for execution of warrant, the police will also remain silent.

Sudhir Kumar, Advocate (Advocate) 26 July 2014

whether NBW is issued?

OldWine007 (Service) 31 July 2014

I thank you all. I went to the police station and found out that another Warrant has already been issued in a similar case against that person few months ago! The accused had taken bail on that warrant. As per the IO , Warrant for my case was not received till 26/07/2014 though the track report of court's despatch through govt. speed post shows it was received at the PS on 10/07/2014. After much request and stating this fact, today the IO confirmed receipt of the warrant just 2 days back. He also confirmed that, he will go to the accused's place but like his previous visit following the previous warrant investigation, the person does not stay their. Only his wife, his 2 years old baby and mother-in-law stays there. The IO said he can not do anything to the accused's family. My lawyer says I have to spot the person from where the police will arrest him. I am totally shattered and confused. How can I give his address where he is available since he is misleading me with various addresses? I can give the mobile no of him only. Even on 09/06/2014 that person talked to me over phone to misguide me and to give a false notion that he will pay me off. How to pursue police to interrogate his family for his location and arrest?

Sudhir Kumar, Advocate (Advocate) 01 August 2014

Now you have reveal the facts.

On seeing these facts it appears that you lawyer and the police both are correct.

Police does harass family of absconder but in case of dacoits and terrorists, murdorers and rapist. They do not take this risk in case of such like petty cases where they know that if they land in trouble you will be nowhere to help them.