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Negotiable Instruments Act.

(Querist) 24 February 2009 This query is : Resolved 
Resected Seniors,

In case filed by the Complainant U/S 138 and 142 of N.I.Act before filing surities the Accused not present to the court on a particular day for which posting for surities, subsequently Court issued N.B.W. against Accused.

The accused absconded and where abouts not known to the Complainant. But each and every adjournment Judge comelling the Complainant for execution of warrant against Accused.

In the above circumstances whether the Complainant file a petition U/S 19 of Criminal Rules of Practice to put the case in Register of Long Pending Cases or any other remedies available to the Complainant.

Please give suggestions immediately.

Thanking you in advance.

PALNITKAR V.V. (Expert) 24 February 2009
In private cases it is the duty of the complainant to see that necessary charges are paid for execution of warrant. If the accused is absconding you may request the court for issue of proclamation and attachment of his property. You may also apply to the court to register the case in the long pending case register.
ARVIND JAIN (Expert) 25 February 2009
BETTER GET HIM DECLARED P.O
sanjeev murthy desai (Expert) 25 February 2009
yes i agree with the above views
Kamlesh soni (Expert) 26 February 2009
yes i do agree with the above views
sanjay kumar patibandla (Expert) 26 February 2009
Sir,
recently in our courts magistrates are closing the matter u/s 258 Cr.P.C. The case is closing by ordering that the complainant is having liberty to reopen the case when the warrant is executed. Till the execution of warrant there will be no adjournments.

It is better in your case circumstances.
allurisivajiraju (Querist) 01 March 2009
Thankyou Seniors for your earlier replies.

Now I want some recent citations u/s 258 of Cr.P.C.

Please send them as early as possible.

Thankyou in Advance.
allurisivajiraju (Querist) 01 March 2009
Thankyou Seniors for your earlier replies.

Now I want some recent citations u/s 258 of Cr.P.C.

Please send them as early as possible.

Thankyou in Advance.
PALNITKAR V.V. (Expert) 02 March 2009
Dear Shri. Patibandla, I think the order being passed the courts referred in your reply is not proper and sound in law. If you see the section the effect of the order has to be either of acquittal or discharge of the accused. As an expert do you feel that the said order is legal and valid. Can a case be reopened once it is closed u/s 258? Experts are requested to express their views.
Jithendra.H.J (Expert) 04 March 2009
discussion on Section 258 still open
Jatin Sapra 9312223345,Delhi (Expert) 05 March 2009
Dear Sanjay ,
i agree wid Sh Patibandla and the order passed is not legaly correct and if u read the section the whole purpose of the section is that if in due to any reasonthe complainant is unable to pursue his complaint or anyother valid reason on which the court may think that the case is not likely to be proved.
But there is discritionary power to the magistrate as the words useed are at any stage.


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