138 negotiable act

70. Form of warrant of arrest and duration.

(1)Every warrant of arrest issued by a Court under this Code shall be in writing, signed by the presiding officer of such Court and shall bear the seal of the Court.

(2)Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed.

In the event of your client submitting an application for issue of passport then he cannot suppres the information about a pending warrant against him by court of law.

He will be easily caught during the police verification report if he suppresses the information

Thank you so much sir

Originally posted by : YOGESH TRIVEDI

"Dear sir

Someone file a case 138 check bounce agints my client ascuse is not present court in last 7 month current status of court proceedings is place a crpc 70 so my client is processing a new pasport and what is the process after crpc 70 i have file a petition on Highcourt please answer me"

1. Who is someone / complainant and how you are concerned with the case, presumably you are counsel of accused, is it so?

2. If accused has been avoiding to appear before the Court, it is obvious that warrant of arrest has to be issued against him (accused). In order to compel presence of accused the Court issues warrant of arrest wherein Section 70 CrPC provides form of warrant of arrest and duration as explained by learned expert Mr. T Kalaiselvan ji, which I endorse. However, passport authority has to consider and decline request of accused for issuance of passport.

3. Even otherwise, a complaint u/s 138 of NI Act, 1881, wherein warrants of arrest is stated to have been issued against "your" client, is a bailable offence. Why the accused is avoiding apprearance before the case and get the warrant of arrest cancelled / recalled / stayed by the Trail Court ?  

4. If you have strong case and convience High Court get the complaint quashed, which is prima facie impossible in the facts posted by you.

5. You did not mention your problem / dispute and locus standi to the facts posted hereinabove except stating that it is the case of your "client".