Nbw fine

Shruti Shruti (Querist) 11 January 2020 This query is : Resolved
My brother was arrayed as A2 in a criminal (406, 506(2) ) case and he was given NBW due to his absence for 2 hearings. On his recall, Magistrate ordered him to pay fine of Rs.300 /- as conveyance to the witness on every hearings. And she forcefully collected it from us on next hearing also.
THis sounds ridiculous. WHy should we pay to the witness people. Kindly help on how to take this forward?
Thanks.

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Quick Summary

A person's brother received a Non-Bailable Warrant (NBW) for missing court hearings, leading to a fine for witness conveyance. The Magistrate's decision to impose this fine, rather than harsher penalties like arrest, is explained as a way to compensate witnesses for their inconvenience. It's advised to comply with the order as such discretionary decisions by the Magistrate are generally not challengeable in higher courts.

P. Venu

(Expert) 12 January 2020
The action of the Magistrate is fair and proper. The accused is required to compensate the inconvenience caused to the witness.

Sb Karma (Expert) 13 January 2020
Magistrate order as per situation...to avoid fine just follow the court order,obey the order

Raj Kumar Makkad (Expert) 13 January 2020
Magistrate would have arrested and put you behind bar till the evidence would have closed. was the best course of action as per your assertion. This was within his power but he took very very lenient view of the absence for 2 hearings of your brother and imposed only the amount incurred by the witnesses to attend the case for those two hearings. Pay special thanks to the trial magistrate instead of showing your anger.

T. Kalaiselvan, Advocate Online

(Expert) 17 January 2020
This is the discretion of the magistrate to recall the NBW against you.
This order cannot be challenged before the higher court also hence do not agitate over the issue and cooperate with the court.

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