Sec.138 n i act
Dr.Gaurang N. Gandhi
(Querist) 04 May 2012
This query is : Resolved
The accused left India after filing case u/s 138 of NI act.
The endorsement of Summons shows that the accused is in USA. But his family members are still living here.
Please suggest me how to trap the accused?
Devajyoti Barman
(Expert) 04 May 2012
Issues warrant of arrest of he fails to attend the court repeatedly.
Mere absence in one or tow dates would not help.
It is his repeated absence and that too without representation from his advocate would held me liable tto be arrested and brought back.
Thereafter you may even get the declaration from the court as a absconder and get his property attached.
Nadeem Qureshi
(Expert) 04 May 2012
Dear Mr. Gandhi
I agree with Mr. Burman
Nadeem Qureshi
(Expert) 04 May 2012
105. Reciprocal arrangements regarding processes.
(1) Where a court in the territories to which this Code extends (hereafter in this section referred to as the said territories desires that-
(a) a summons to an accused person, or
(b) a warrant for the arrest of an accused person, or
(c) a summons to any person requiring him to attend and produce a document or other thing, or to produce it, or
(d) a search warrants,
1[issued by it shall be served or executed at any place, -
(i) within the local jurisdiction of a court in any State or area in India outside the said territories, it may send such summons or warrant in duplicate by post or otherwise, to the presiding officer of that court to be served or executed; and where any summons referred to in clause (a) or clause (c) has been so served, the provisions of section 68 shall apply in relation to such summons as if the presiding officer of the court to whom it is sent were a Magistrate in the said territories;
(ii) in any country of place outside India in respect of which arrangements have been made by the Central Government with the Government of such country or place for service or execution of summons or warrant in relation to criminal matters (hereafter in this section referred to as the contracting State), it may send such summons or warrant in duplicate in such form, directed to such court, Judge or Magistrate, and sent to such authority for transmission, as the Central Government may, by notification, specify in this behalf.]
(2) Where a court in the said territories has received for service or execution-
(a) a summons to an accused person, or
(b) a warrant for the arrest of an accused person, or
(c) a summons to any person requiring him to attend and produce a document or other things or to produce it, or
(d) a search warrant.
1[issued by--
(i) a court in any State or are in India outside the said territories
(ii) a court, Judge or Magistrate in a contracting State,
It shall cause the same to be served or executed] as if it were a summons or warrant received by it from another court in the said territories for service or execution within its local Jurisdiction; and where
(i) a warrant of arrest has been executed, the person arrested shall, so far as possible, be dealt with in accordance with the procedure prescribed by sections 80 and 81;
(ii) a search warrant has been executed, the things found in the search shall, so far as possible, be dealt with in accordance with the procedure prescribed by section 101:
2[Provided that in a case where a summons or search warrant received from a contracting State has been executed, the documents or things produced or things found in the search shall be forwarded to the court issuing the summons or search warrant through such Authority as the Central Government may, by notification, specify in this behalf.]
feel free to call
DEFENSE ADVOCATE.-firmaction@g
(Expert) 04 May 2012
All these rules and procedures are applicable in India.
The NI 138 cases are summery summons trial and not regular criminal cases so no easy and fast procedure if the accused is not in India.
ajay sethi
(Expert) 04 May 2012
you will have to first get non bailbale warrants issued aginst accused .if inspite of issue of Nbw accused fails to attend then proclamation can be issued against the accused declaring him a absconder
V R SHROFF
(Expert) 04 May 2012
UNLESS HE ACCEPTED SUMMON, NO BW OR NBW CAN BE ISSUED.
TRY ABSCONDING, WITH NEWS PAPER OUT.
ONCE ANTED, HE WILL APPEAR THRU ADV, OR ASK 205 EXEMPTION FROM PERSONAL APPEARANCE, INCLUDING PLEA RECORDING.
HE NEED NOT BE PRESENT, IF HIS ADVOCATE IS AVL.
Shonee Kapoor
(Expert) 06 May 2012
I agree with expert opinions.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
