NBW in 138 NI Act Case

vinod bansal (Querist) 03 November 2010 This query is : Resolved
R/Members of LCI
In a complaint us 138 of NI Act,summons were issued to my friend,but never served now court has issued non bailable warrant against him,he wants to surrender before court now without waiting further for date fixed as he have every apprehension of harrasment by police,i want to know,when he will surrender before court than he have to move bail application or simply/directly have to file surety bond as the offence is bailable one,Ld.Magistrate is having discretionary power to send him behind the bar or getting the bail in given facts is right of accused,kindly advice.Thanks

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Arun Kumar Bhagat (Expert) 03 November 2010
At the first instance NBW can not be issued. You can challenge the same by way of revision in Sessions court otherwise have to surrender in the Court and to pray for bail.

adv. rajeev ( rajoo ) (Expert) 03 November 2010
Along with a bail application your friend will have to file a warrant recall application u/s 70(2) of Cr.P.C. It is bailable offense he will get the bail and he has furnish the surety ordered by the court.

B K Raghavendra Rao (Expert) 03 November 2010
Mr. Rajeev is right.

Advocate. Arunagiri (Expert) 03 November 2010
I agree with Mr.Rajoo.

s.subramanian (Expert) 03 November 2010
I agree with Mr. Arun. The practice of issuing NBWs in cases involving bailable offences has been deprecated by the Supreme court in many case repeatedly. But the subordinate judiciary does not seem to take those judgements seriously at all. It is liable to be condemned.Mr.rajoo's suggestion is good.

PJANARDHANA REDDY (Expert) 03 November 2010
NO WAY NBW- IT IS ONLY BAILABLE OFFENCE,CONTEST IN SESSION COURT.

vinod bansal (Querist) 04 November 2010
Thanx to all respectable Experts and wish you all a very HAPPY DEEPAWALI

Guest (Expert) 10 November 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI)ADVOCATE
MOBILE.9960223100, 9271971251
E.MAIL.advocatesawantnb@yahoo.com
e.mail.nandkumarbs@sify.com

REGARDING NON BAILABLE WARRANT ISSUED UNDER SEC.138 ACT CHEQUE DISHONOUR CASE KINDLY NOTE THAT.

1.IT IS ADVISIBLE THAT YOU MAY APPEAR IN THE COURT AND FILE AN APPLICATION FOR CANCELLATION OF WARRANT.YOU HAVE TO MENTION THE JUST AND PROPER GROUNDS (SICKNESS OR ANY OTHER JUST REASON) FOR NOT APPEARING BEFORE THE COURT INSPITE OF SERVICE OF SUMMONS.KINDLY NOTE THAT ON THE BASIS OF SERVICE REPORT OF SUMMONS IF IT IS SERVED AND ACCUSED IS ABSENT THEN ON APPLICATION OF COMPLAINT ORDER OF WARRANT IS PASSED AND WARRANT IS ISSUED.
2 COURT WILL CONSIDER THE APPLICATION AND MAY CANCELL THE WARRANT BY IMPOSING PENALTY OR COST FOR CANCELLATION OF WARRANT WHICH IS TO BE DEPOSITED IN COURT SAME DAY AND RECEIPT OF SAME IS TO BE PRODUCED IN COURT.
3.KINDLY NOTE THAT ACCUSED HAS TO APPLY FOR BAIL AND SUBMIT SURETY DOCUMENTS AND SURETY IN PERSON OR CASH SECURITY OR PERSONAL BOND.IT IS DISCREATION OF THE COURT TO ALLOW THE SAME.
4.YOU MAY SUBMIT AN APPLICATION FOR TAKING THE MATTER ON BOARD FOR SUBMITING ABOVE APPLICATIONS ON ANY DATE IF OTHER THAN DATE FIXED BY THE COURT.
YOU MAY WRITE AND SEND DETAILS FOR ANY FURTHER HELP.GOOD LUCK.

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