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Mayank Wadhwani   10 August 2026

Nbw in cheque bounce case

My father has filed a cheque bounce case and the accused has not appeared in court till date. It was filed in 2025 beginning. NBWs are issued against the accused and the judge told in last hearing that he will write a letter to SP of the city in which accused is living and will convert NWB into a permanent one. Some of the people we know are suggesting and our lawyer is trying to not to get NBW converted into a permanent one. He has not told us the reason for now. What could be the possible consequence if NBW is converted into a permanent warrant? Will it affect the speed of the case? The accused is clearly trying to ignore the court case and doesn't want to come. We have informed the same to the judge in last hearing.



Quick Summary
This discussion explores the implications of a Non-Bailable Warrant (NBW) in a cheque bounce case where the accused is evading court appearances. The conversation touches upon the possibility of an NBW being converted into a permanent warrant and its potential effect on the case's progress. It also clarifies procedural aspects, suggesting that if NBWs aren't executed, proceedings under sections 82/83 might be initiated, and advises seeking local legal counsel for specific guidance.

 6 Replies

Dr. J C Vashista (Advocate )     10 August 2026

No such letter shall be written by the Court to concerned SP, it is your misconception.

If NBWs are not executed, process under section 82 / 83 can be initiated against the accused, your lawyer can advise you on the issue as well as further proceeding.

P. Venu (Advocate)     12 August 2026

The query suggests issues as to procedure. There could different ways in which provsions are applied. Only a local advocate may be in a position to assist you.

Raghav Arora   20 August 2026

Non Bailable Warrants cannot be made permanent by any court. Once NBW are executed and still accused is avoiding or not appearing then court can issue proclaimation against the accused person.

T. Kalaiselvan, Advocate (Advocate)     01 September 2026

When a Magistrate talks about converting an execution/Non-Bailable Warrant (NBW) into a "permanent warrant" (often legally referred to as a Standing Warrant or an order directing proceedings under Section 82/83 of CrPC/BNSS for declaring the person a Proclaimed Offender), it indicates the court is moving the file to an unexecuted warrant / standing warrant register.

In such a circumstance when a permanent warrant is issued, the Magistrate sine-die adjourns the active hearings and sends the case file to the court's record room / standing warrant register until the police actually arrest the accused, in practical terms, police departments rarely prioritize standing warrants for cheque bounce (Section 138 NI Act) cases unless forced or incentivized. Once the case is filed away, active dates stop getting scheduled regularly.

It slows down the case drastically. Instead of having court dates every few weeks/months where police can be summoned or reprimanded for not executing the warrant, a permanent warrant effectively pauses active trial proceedings until the accused is arrested or surrenders. As long as standard NBWs are renewed every hearing, the court retains the case on its active list and can keep demanding status reports/compliance from the local police station or the SP.

Your lawyer actually wants the Magistrate to write to the Superintendent of Police (SP) to execute the current NBW. The letter to the SP forces accountability on local police officers. But converting it into a permanent warrant stops that active pressure. 

Thereforfe you may instruct your lawyer  to file an application under Section 82 and Section 83 of CrPC (or corresponding provisions of BNSS). Pushing to freeze their local bank account or attach property usually forces the accused to appear immediately. Request the court to send an explicit executive order/letter to the SP of the accused's city, seeking a compliance report on the current NBW within 30 to 45 days rather than closing the file.

 

Mayank Wadhwani   03 September 2026

Thanks for sharing detailed information sir. The issue is police has not responded from day 1 and same is the case with SP. The letter is sent to SP again by the judge to execute the warrant. If we don't get the warrant converted to permanent one and continue with the court's process, how will the accused get arrested? Lawyer is suggesting to take the warrant and go with the police to the city of accused and get accused arrested. We are not thinking to fo that as we live far from the city of accused and don't have any contacts over there. Ultimately, how will the court get accused here is my question.

Dr. J C Vashista (Advocate )     03 September 2026

Let the court take its own course of action to declare the accused as "Proclaimed Offender" under the provisions of section 82 & 83 of CrPC, 1973.

Proceed as advised by the lawyer engaged by you till further action/ orders passed by the Court.

Wait and watch.


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