Learn Trademark Filing Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Mayank Wadhwani   16 March 2026

Nbw in cheque bounce case

We have filed a cheque bounce case in beginning of 2025. On previous date, court has filed NBW. The accused is from different state and there was no response coming from police when BW were issued. For NBW as well, there was no response and our lawyer will again send NBW. My question is what will the court do in this case if the accused keeps on ignoring the summons and warrants. What should be our approach as we are just getting dates by the court. Our lawyer is saying to take the police to the accused but we don't think like doing it since it should be the responsibilty of court and police to get the accused. What should se do and how many dates it should take? Case is filed by my father.



 6 Replies

T. Kalaiselvan, Advocate (Advocate)     16 March 2026

As the accused is not accepting the court summons, the court has passed orders to issue NBW. You are right that it is the court which has to send the orders of NBW to the concerned police station within the jurisdiction of the accused upon payment of process for the purpose by the complainnant .

If you are so much anxious to get the accused arrested and brought to court immediately  then you may adopt the steps suggested by your advocate, which is common in such circumstances. 

If you want only the court to take action as per law then you may have to wait endlessly owing to various factors involved in the given circumstances. 

Mayank Wadhwani   16 March 2026

If we go through court only, is that fine? The consequences of comong late or delaying has to be beared by the accused only. The court will pressurize further to bring accused?

Dr. J C Vashista (Advocate )     17 March 2026

The non-bailable-warrants are issued to area SHO/ police authorities for arrest and produce the accused before the Court, where you (as complainant) has no role / say.

If there is no response from the police authority, even after three-four consecutive NBWs the court shall issue process under section 82 & 83 of the Criminal Procedure Code, 1973 to declare the accused as "proclaimed offender" and/or to attach the properties of accused, as per circumstances.

You / your lawyer have just to appear and attend proceeding of the Court. 

1 Like

P. Venu (Advocate)     19 March 2026

It is the duty of the Police to produce the accused before the Court. Practically, the prcedure has its limitations when the accused rsides in a different State.

Mayank Wadhwani   20 March 2026

Despite of having limitations, it should be the responsibility of police and court to get accused? How to put our point in court if police doesn't repond?

Dr. J C Vashista (Advocate )     21 March 2026

What type of "limitation" is referred herein your query ?

Compliance of warrants of arrest of an accused issued by a Court of law is responsibility of police.

You have neither any authority nor role in non-compliance of the directions passed by the court.

It is appropriate and better to discuss with your / your father's lawyer, who is well acquainted with facts and proceeding of the case, besides the fact that s/he is an intelligent, able, competent and duty bound to clarify your doubts and queries on the issue.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register