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ashok kumar (Social Worker)     30 May 2013

Can bailable bailable warrants be issued straightway?

Can bailable Bailable Warrants be issued straightway?

Generally in Ch Return Cases First Summons are issued and if the accused does not come for facing the trial (which almost always happens) then Bailable warrants are issued

What is the utility of issuing summons to eh accused when it is nothing more than wastage of time?

Can the court straightaway issue bailable warrants?



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 5 Replies

Hemang (Advocate)     30 May 2013

The Court can even issue non bailable offence. Do not doubt the authority of the court. The powers are wider under the Code. 

ashok kumar (Social Worker)     31 May 2013

I am not doubting the authority of the Court Mr Hemang!

U havent answered what i have asked Mr Hemang!

U R requested to please grasp my question!

I have queried that First Summons are issued and if the accused does not come for facing the trial (which almost always happens) then Bailable warrants are issued. That since  BW are to b eissued ultimately then What is the utility of issuing summons to the accused when it is nothing more than wastage of time?

 


What should the complainant do that the court straight away issues bailable warrants to the accused instead of time wasting Summons 

Hemang (Advocate)     31 May 2013

It is the discretion of the Court under procedural law. The Judge may issue summons, or warrant. But, if the accused appears and co-operates with the trial, the accused can well show it to the Court about the previous appearances that the accused remains present on summons and every adjournment. In such a situation, the confidence can be won over. If the bailable warrant is issued, you may request the court to cancel the same quoting the incident about your presence in the court from time to time. And, if it is for the first time that such warrant is issue, now the course left open is to apply the court for cancellation of bailable warrant. The court would cancel the same. As far as the criminal proceedings are concerned, it has become a routine affair for the court. 

 

If you have any question, please feel free to revert.

ashok kumar (Social Worker)     01 June 2013

Mr Hemang you are giving a reply which is reverse of what is being asked


I have asked "What should the complainant do so that the court straight away issues bailable warrants to the accused instead of time wasting Summons "

And U R replying what the accused should do to get  Bailable warrants cancelled

Is it not just the reverse of what is being queried?

Reqiest u to please read the message before responding like this!


RAJENDRAN K.M. 09443050520 (Advocate)     20 June 2013

Sir, 138 NI act is summarry trial case,so as per( fundamental rights of every citizen) law first given the oppertunity to the charged person by way of calling him through court summons only.So the court did't straight away issues any warrant.Because this is the private complaint proceedure case and court decside  the matter of every think after his appearence or not. Thanking you.


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