Cheque dishonours case- Recallof non bailable warrant

K.Ravichandren (Querist) 20 August 2009 This query is : Resolved
In a 13n N.I. Act, i am the complainant.The accused filed cor quash petition in the High Court and it was dismissed. He filed another petition for the dispensement of his appearance and the High Court gave only six hearings for which he need not appear and after that he should regularly appear and co-operate with the complaint for the 138 case. But the accused is absent from the year 2001 and court issued NBW against him. Now after nearly 8 years, he filed petition for recall of the NBW stating he was under a wrong impression he need not appear before the trial court after 6 weeks. I searched for relevant case laws in support of my proposed version that the warrant should not be recalled unless otherwise he should assure that he would not absent for the trial hereafter and also should deposit the twice the amount of the cheque with the court(Cheque amount is Rs.5,00,000/-). Now can anybody suggest me any other better condition that this and i may also required for authorities in this regard and also to secure the amount of the cheque

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KANDE VENKATESH GUPTA (Expert) 20 August 2009
The only criterion for recall of N.B.Ws is as to why the accused did not attend the court on earlier occassions. If the court is satisfied with the explanation offered, it can recall N.B.Ws or if the explanation offered is not satisfied, the court can dismiss the recall petition. However, it is well settled law that, while recalling N.B.Ws or granting bail, the court is not empowered to impose unreasonable and onerous conditions. The explanation offered by the accused in the present case is not satisfactory for his continuous absence for about 8 years, as the accused is expected to know about the progress of the case either by himself or through his counsel.

RAKHI BUDHIRAJA ADVOCATE (Expert) 21 August 2009
I do agree with the above views of my Ld. friend.

Ravi Arora (Expert) 21 August 2009
do agree with mr kande. and The reason given by the accused is not good. It shows he was deliberately avoiding to attend the court and wants to delay the proceedings of the court, you go through the order sheet weather he attend the dates after that order for six weeks, and when court recall the N.B.W. the condition automatically imposed upon accused to attend the court

K.Ravichandren (Querist) 22 August 2009
Thanks for Mr.Kande Venkatesh Gupta, Mr.Rakhi Budhiraja & Mr.Ravi Arora for their valuable comments. As Mr.Ravi Arora directed me to find out whether the accused attended after 6 weeks as per the order it is true he did not turn up and the Magistrate endorsed in the order sheet mentioning the High Court Order" the High Court ordered for 6 weeks but the Accused is absent for more than 6 weeks and hence NBW is issued". This is the status. I am keen on getting my amount thats why i put a condition to deposit twice the cheque amount. Is it legally viable?