Shitalnath jain 28 August 2017

Arrest against warrent

In a cheque bounce case, arrest warrent has already been issued by Hon. Court against accused. Original warrant order was sent to concerned police authority as directed in the warrant by speed post. Upon tracking the police had received arrest warrant but failed to bring accused to the court on the scheduled court date. Now, there is no update as to what happened to the warrant? There is absolute silence from accused as well as police. What remedy do we have now? How do we proceed ahead, in tje matter. Please help me and oblige. Regards, S N Jain

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3 Replies

Siddharth Srivastava (Advocate) 28 August 2017

The issued warrant is only for particular date and on expiration of date the issued warrant shall lapsed automatically and the court will issue fresh warrant. If you know any other address of accused then provide the same to court who will issue warrant at given address. Sidharth 9811776422

Laxmi Kant Joshi (Advocate ) 28 August 2017

You have to move another application in the said court requesting to issue another fresh nbw against the accused , read the endorsement on the returned nbw if it not executed due to wrong address then if you know other address of the accused then submit it before the court for issuing nbw on this new address.

Deepak Dang 29 August 2017

In most of the cases parties are managing to return the NBW even. Everytime, advocate ask for new address of drawer of Cheque. He is available over there. It was a summary proceeding which has converted into the procedre of Civil Suit. Why the court not order for publication within a reasonable time say returning thrice. In pubication Ex. party proceeding be conveyed & isse orders on next date. It will reduce the pendency of cases & only a compliance by police will be left. Name wise & other detail be uploaded at the website of Police, Distt. Administration, state Govt. & court. A statement will be poplated periodically the no. of cases filed, decided, time taken, judgment, execution or non execution of orders by the machinery for necessary action at all level. Digitization is a solution. All summary proceedings may be done by video conferencing also.

The Judicial Reforms are possible.

Deepak Dang

deepakdang56@gmail.com