Regarding issuance of nbw

Vineet yadav (Querist) 22 November 2023 This query is : Resolved
Hello All Respected Members. A NBW was issued against the Accused in the matter of 138 NI Act for the non-payment of cost imposed on the Accused for the cancellation of previous NBW . Meanwhile on the date of hearing of main case , The Accused deposited the cost in court and when his counsel requested the court to recall the warrant; court refused to recall the warrant and refused to accept the reciept of cost as well. So, in that situation , can I move for revision of NBW in sessions court or should I approach high court for the quashing ?

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A recent NBW was issued for non-payment of costs related to a previous warrant cancellation. Although the accused deposited the costs, the court refused to recall the NBW or accept the cost receipt. The discussion explores whether to file a revision in the sessions court or approach the high court. Advice suggests filing an application under Section 70(2) Cr.P.C. to convert the NBW to a bailable warrant, and if that fails, pursuing a revision petition.

T. Kalaiselvan, Advocate (Expert) 23 November 2023
For recall of NBW you should have filed a petition under section 70(2) cr.p.c.
The court will not recall the NBW on oral request.
If your petition has been dismissed then you can either prefer an appeal or file a revision petition before high court to set side the trial court order and to recall NBW

Advocate Bhartesh goyal (Expert) 23 November 2023
File application u/sec 70(2) Cr.P.C to get cover arrest warrant into bailable warrant mentioning reason therein that cost imposed by court has already been deposited, incase court dismiss your said application then revision.

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