Mayank Wadhwani 05 April 2026

Nbw in cheque bounce case

A lady has taken money from my father and gave cheques to us. She partially retuned and we filed 138 when reamining money was not returned. It is at NBW stage now. Warrant has been sent twice but police has not sent any response. She is also chatting and just says money will be pais this month and pays nothing. She is not appearing in court and wrote yesterday to us that going to the court was our decision so I won't come. How does court will tackle this? And approx how much time court will take now if already two warrants are sent. The court will be strict with her in future? Our lawyer is suggesting to at her place and get her arrested but it is difficult for us as she lives in a different state. Please let me know what can be done in terms of court and how much time approx will be taken by court to get her?

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4 Replies

Advocate M.Bhadra 05 April 2026

After NBW (Non-Bailable Warrant):

If she is still not appearing, the court will normally escalate steps under Code of Criminal Procedure:

Issue proclamation (Sec. 82 CrPC) declaring her absconding

Then attachment of property (Sec. 83 CrPC)

She may be treated as a proclaimed offender

Police inaction:

You can move an application before the same court seeking:

Direction to SHO/SP for execution of NBW

Filing of execution report

Courts usually become stricter if warrants remain unexecuted.

Your presence not required for arrest:

You do NOT need to go personally to another state. Execution of NBW is police duty, not yours.

Her messages (admission):

Her chats promising payment can support your case under Negotiable Instruments Act, 1881, but case will continue unless full settlement + compounding.

Time frame:

If police acts → 1–3 months possible arrest

If she keeps evading → may take several months (depends on police execution & court pressure)

Court strictness:

Yes—continuous non-appearance + refusal → courts generally take a strict view and move toward coercive steps.

Practical step (important):

File an application for expeditious execution of NBW + proclamation proceedings. This usually speeds things up.

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T. Kalaiselvan, Advocate (Advocate) 05 April 2026

The court has to take action as per provisions of criminal law in this regard which has been clearly explained by senior advocate Mr m Bhadra, you may follow it up through court.

If your advocate is not guiding you properly then you may think about changing the lawyer.

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Mayank Wadhwani 06 April 2026

Thank you so much for replying and explaining so well. She has already received one of the notice from court when the court was sending summons.