non bailable warrant is issued and accused has not appeared
Querist :
Anonymous
(Querist) 30 April 2010
This query is : Resolved
in a case of cheque bouncing for rs. 1.63 crores. court had issued nbw to the accused and accused has to appear in the court 1-5-2010. But from my sources i have come to know that accused is not going to appear. MY QUESTION IS WHAT ARE THE OPTIONS WITH THE COURT TO DO AND WHAT SHOULD BE OUR APPROACH IN THIS CASE. ACCUSED IS RIGID NOT TO APPEAR IN THE COURT AND WE GOING THROUGH HEAVY LOSSES. WHAT ARE THE NEXT STAGES AFTER NBW AND HOW CAN ACCCUSE COME UNDER PRESSURE? AND HOW LONG CAN THEY DELAY THE CASE?
Devajyoti Barman
(Expert) 30 April 2010
The accused is already supposed to be under lot of pressure. If the nbw is already issued then the next course of action is to get it executed if the police is not not performing its duty properly. Assuming that police may be negligent in its duty you may ask for direction upon the SP or Commissioner off Police to get the warrant executed . If the police again falters and does not come up with any genuine reasons then the concerned police officer can also be asked to appear before the court and give its reply in person.
prakash vathore
(Expert) 30 April 2010
after that proclamation can be issued.
Arvind Singh Chauhan
(Expert) 30 April 2010
After that proclamation may be issued declaring him absconder and after the 30 days of this proclamation his property may be attached.
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