Dixit Shah (proprietor) 28 July 2013

After issiung non bailable warrant

Hi,

Our case under sec 138 is going around since 3 years.The complaint has been filed against 4 partners of one company.In the last hearing court has issued non bailable warrants against 3 partners.1 partner appeared in the court..Now my querries are

1)is it compulsory for all 4 of them to appear together because next time these 3 might come and the one who had appeared in the court might not come.?

2) what if any partner does not appear even after issuing non bailable warrant?

3) How long will these case take to get the judgement .Since we always get dates with in a gap of 2-3 months?

4) What would be the scenario if they get convicted ,i mean what is the penalty?

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2 Replies

rohan (vp) 28 July 2013

it is a bad situation , harassment is the order of the day , so be prepared . All the accused have to come noway it can be avoided !!

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 29 July 2013

Dear Querist

my opinion on your query is mention below

1)is it compulsory for all 4 of them to appear together because next time these

3 might come and the one who had appeared in the court might not come.?

Opinion: yes it is possible, lawyer of the accused who was appear before the court can file an exemption application on behalf of him.

2) what if any partner does not appear even after issuing non bailable warrant?

Opinion: It's dpend on you if you want further proceeding then you can approach to court to start proceeding of Proclamation or attachment u/s 82 & 83 of Cr.PC

3) How long will these case take to get the judgement .Since we always get dates with in a gap of 2-3 months?

Opinion: in practicle there is no time limit for dispossed off the cases in Indian Court due to pandancy.

4) What would be the scenario if they get convicted ,i mean what is the penalty?

You should read section 138 of NI Act. two years imprisonment or fine ( double amount of cheque)