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Manjunath   30 November 2021

Arrest of accused order from 2 different courts of same district

X and Y are taluk courts situated in different cities of common district.
Mr. A is the accused in 2 separate cases among the above courts.
X has ordered for arrest notice against him in Civil Execution Petition.
Y has ordered NBW for appearance against him in cheque bounce case.
What is the effect?


 6 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     01 December 2021

Sub Judice means under judgment. According to this doctrine, a two or more cases are filed between the same parties with respect to the same subject matter in two or more courts the competent court has the power to stay proceedings of another court.

Manjunath   01 December 2021

Only the accused party is same.

The complainants of X & Y court are different and unrelated  parties.

Shashi Dhara   01 December 2021

Two cases will be in effect  so in criminal case he has to cancel nbw with bond in civi case the DHR has to pay  expenses  as jail charges if not he will be released.

Shubham Bhardwaj (Practice)     01 December 2021

Dear Sir, 

As per the facts in your query, the effect is that the accused will have to appear in court which has issued NBW and furnish bail bond and/or surety bond. Then participate in proceedings and make your defence. 

With regard to civil execution, either comply with the decree/judgment or set up defence against excution by submitting objections to execution application. 

Regards

Shubham  Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

 

Disclaimer:- Opinion is only for guidance. 

P. Venu (Advocate)     01 December 2021

You have not posted the complete facts.

Dr J C Vashista (Lawyer)     01 December 2021

Get NBWs cancelled and file objections in civil execution case through your counsel if it is a true story.


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