NBW in case us 138 of NI Act

vinod bansal (Querist) 11 August 2010 This query is : Resolved
R/experts
I am representing accused in complaint us 138 NI Act,on last date i filed exemption application due to absence of accused .Magistrate declined my request and cancelled bail bond and issued Non Bailable Warrant.Revision against this order is maintainable before sessions court or not.What is alternative remadies available to me.Kindly advice Thanks in advance

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Devajyoti Barman (Expert) 12 August 2010
If there was no specific direction for the accused person to be present on that particular date because of his long absence then issuing of arrant is surely a bad order and is liable to be set aside in the revision either before the sessions court or the high court.

s.subramanian (Expert) 12 August 2010
Yes. I agree with Mr.Barman and add the following: There is a judgment of the supreme court which says that the court should not insist on the presence of the acused in cases under sec.138 unless the court feels that his presence if absolutely necessary for some purpose or other. Therefore you have agood case in Revision. Good Luck.