Need advice-issue of warrant in complaint case
Amar Kumar
(Querist) 31 May 2014
This query is : Resolved
As per my earlier post, my aunt has filed a complaint case of cheating and cheque bounce in the court after issuing of demand notice to her DIL. The case details in short-
My aunt bought a jewelry set from Tanisq for Rs 4 lakhs (Aprox.). After the purchase her daughter in law liked the set and requested her to give the set. My aunt's daughter in law gave a 6 months post dated cheque for the entire amount. The post dated cheque was given because she had her funds locked in FD's & she did not want to break it in the middle. Now when the cheque date neared her daughter in law ignored her call. The cheque has retuned saying 'Payment stopped'.
The case has been filed and the complainant has disposed as witness. According to my lawyer the cognizance will be taken by magistrate after two more witness statements and argument by my lawyer.
My question is if everything goes by plan, how long will it take in normal course to get the warrant issued by the court. As per my understanding she will refuse to receive court summon as she did with the demand notice.Unless a warrant/NBW is issued against her she will not appear in the court.
It is said that cheque bounce cases run fast but my lawyer says that it is difficult to get dates before 1 month. But somehow we have managed to take dates every week till now.
We are very anxious and want to know about the average time line to get the warrant issued from court. We also want to know the step by step process after the court takes cognizance about issuing of summon till issue of NBW.
Devajyoti Barman
(Expert) 31 May 2014
If court takes cognizance of the offence then summons would be issued not warrant.
If on service of summons the accused person does not appear then warrant will be issued, not before that
You are in right track. Have faith in your lawyer.
ajay sethi
(Expert) 01 June 2014
let summons be served first on daughter in law . if she refuses to appear court will issue BW against her . if she does not appear in spite of issue of BW court will issue NBW against her
Raj Kumar Makkad
(Expert) 01 June 2014
Simple notice shall be sent by court at initial stage which shall even require bail from the court and failing to appear shall only follow the next procedure.
Amar Kumar
(Querist) 01 June 2014
It is very less likely that she will appear in court or settle out of court unless and until some pressure is put on her by local police which is only possible with an arrest warrant against her. She is fully aware of the case against her and has conveyed that she will fight the case but will not pay up. Although she is a bank employee but she is behaving like an illiterate person.
Thyagarajan
(Expert) 01 June 2014
The court is the only venue where she had to put up a fight. Now that formalities are completed by your lawyer, the court will do its duties as per law. That police intervention is the only course is your personal view.
Amar Kumar
(Querist) 01 June 2014
When an arrest warrant is issued, it is the duty of the concerned police officer to executive the arrest warrant. This was the only context in which I mentioned pressure by local police. We also intend to contest her bail efforts whether she applies for AB or regular bail.
Amar Kumar
(Querist) 02 June 2014
There is a forward query in my mind about the exemption from personal appearance. I have read that normally in 138 NI case exemption from personal appearance is granted as a matter of routine. But if cognizance is taken under 420 IPC also then will she be able to get the exemption as routine or not.
T. Kalaiselvan, Advocate
(Expert) 02 June 2014
What is the case you have filed and under which law?, if it is a case u/s 138 NI Act, where is the question of 420 IPC? As an accused she is supposed to be present before the court on each and every hearing in the criminal cases, but her advocate can represent her during her unavoidable absence by filing a petition u/s 317 of Cr.P.C. Concentrate on the case proceedings instead of wasting time on such repeated doubts.
Amar Kumar
(Querist) 02 June 2014
She has taken away the jewelry by cheating an old lady by giving her a cheque and later giving stop payment instructions to her bank and then she has refused to take legal notice. She is a banker and is very well aware of what she is doing. But she thinks that an old lady cannot file case against her and she can get away easily. It is a clear case of cheating(420) and not only of cheque bounce. The case has been filed under sec 420 ipc and also under 138 NI.
Raj Kumar Makkad
(Expert) 02 June 2014
The factum of cheating is available so the complaint has rightly been filed under both sections.
