Not bailable warrant and other remedies for sec 138 nia
P.C. Joshi
(Querist) 11 June 2013
This query is : Resolved
Dear Friends,
A person against whom numerious cases of 138 have been filed. But he is not traceable. The warrnt has not ben srved on him for last one year. What is the next steps. Can he be put behind the bars even after srevering the warrant by declaring him PO.
Secondly, we know that offence under sec is a bailable offence. Can the court issue a non bailable warrant to a habitual offender and who is avoiding servicing of warrant.
Nadeem Qureshi
(Expert) 11 June 2013
Dear Mr. Joshi
if he is not traceable then no need to worry but if once the police catches him then definitely he will be put behind the bar.
the court have ample power to issue NBW against the accused person.
Feel Free to Call
Rajeev Kumar
(Expert) 11 June 2013
Need not to worry that he is untraceble. Once he is arrested by police then he will be sent behind bar and the court will consider the seriousness of his allegations, antecedent etc. before granting him bail. The court has immense power to grant NBW.
Raj Kumar Makkad
(Expert) 12 June 2013
In the given scenario, two options are available before the complainant. He can file a suit for recovery on the basis of cheque before the competent civil court. At the same time, the court may issue NBW and if report comes on file that the accused is malafidely avoiding his service then he may also be declared PO and his property can also be attached and subsequently can be auctioned.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 12 June 2013
NBW or even PO is useful only when you know the whereabouts. If the accused is not traceable where you will serve them.
Even for civil case you may get decree but where you will enforce it.
