S. 138 of nia act

Jagdish (Querist) 04 September 2013 This query is : Resolved
Cheque Bounced matter- Summons have been received by all Directors of the company. On first date advocate has appeared on behalf of the accused and filed the exemption. Exemption granted by judge. On Second date none of the accused were present, advocate has filed the exemption but judge has rejected the exemption and ordered for issue of Non Bailable warrant. Can judge order for Non Bialable warrant directly ?because judge has not ordered for the Bailable warrant on the first date.

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ajay sethi (Expert) 04 September 2013
magistrate has to first issue bailable warrant . if accused does not appear then only NBW can be issued .

Nadeem Qureshi (Expert) 04 September 2013
the court have power to issue NBW directly but the court can not take custody & send jail to accused in these type of cases because this is a bailable offence.

Raj Kumar Makkad (Expert) 04 September 2013
Court has first to issue bailable warrants if the accused has not appeared before it despite of notice.

DEFENSE ADVOCATE.-firmaction@g (Expert) 04 September 2013
NBW are being issued as routine all over country though it is not proper procedure.

1) If the defense is vigilant and able to face the pressure of trial court than can make this an issue and take it to higher court.

I will say if stakes are higher that even UP to APEX COURT.

2) This situation can also justify for permanent exemption and in fact the first application should have been given for permanent exemption.

There are various citations with clear directions in this matter by SC and various HIGH COURTS.

3) Do proper home work and defense can keep busy the complainant with various allied applications IN LOWER COURT and meanwhile move higher court in revision on this issue alone.

Rajendra K Goyal (Expert) 04 September 2013
Well advised, nothing more to add.

Guest (Expert) 05 September 2013
You have not stated what prompted the judge to issue NBW. You have also not stated what reason was advanced by the defence for exemption. There must be some offending statement or act of the advocate of defence side or the judge must have taken the instance to be the effort to hoodwink the law by the defence side, as the directors of the company did not appear even once before the judge.

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