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Charles Bowles (Not employed)     13 August 2018

Police not executing non-bailable warrant (nbw)

Dear Dear Experts: I have filed a cheque bouncing case. Non-bailable warrants are being issued to have the Police produce the Accused in Court. But, the Police are not executing the warrant. Instead, the Police, are telephoning me and asking me to withdraw my case. I don't want to withdraw my case. Please advise, if I should, (1) File a complaint/Memo with the Commissioner of Police requesting the warrant to be executed by his subordinate staff? Will I face harassment by the Police? (2) File a Memo, in the Court, stating that the Police are not interested in producing the Accused and requesting the Court to take up the matter for judgment, based on the Accused's Memo stating that he has not paid me and that he is willing to pay the Court the amount due. As of now, both the Accused and the Accused's advocate are not attending the Court. The Court has issued 6 NBW warrants till now. What can I do to not have my case dismissed? Please advice. Thank you.


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 10 Replies

Shalini Aakash (Advocate)     13 August 2018

In what context is the amount due to you?

Charles Bowles (Not employed)     13 August 2018

The Accused and I used to work in the same Company. He asked me for financial assistance. He failed to repay me. He failed to reply to my notice.

I have not lent the Accused money on interest, etc.

Thank you for your response.

Charles Bowles (Not employed)     13 August 2018

My lawyer has retired due to time constraints.

I'm now the Party-in-Person.

Shalini Aakash (Advocate)     13 August 2018

File a complaint with magistrate under section 221 of IPC stating the above.  Name whoever you can who has harassed you in the whole process who is a government officer.

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Shalini Aakash (Advocate)     13 August 2018

how much money is due from him?

Charles Bowles (Not employed)     13 August 2018

Thank you for the advice.

The amount is small, but, the Accused cheated me by giving a cheque that was already stopped for payment.

The Accused has also lied to the Court, on oath.

Furthermore, I have suffered Economic Harassment and Mental Harassment.

Hence, I don't want to withdraw the case.

Vinod shah (legal assistance for victims of system. findjobs02@gmail.com)     15 August 2018

First it is your duty to provide correct present address of the accused to the court.  There after other things can follow.

Charles Bowles (Not employed)     15 August 2018

I have provided the correct address to the Court.

The police have had the warrant at least for three times with them.

The police did not have to try to settle the matter extra-judicially. The police have to apprehend the Accused, rather than make calls to me asking me to withdraw my case.

Charles Bowles (Not employed)     16 August 2018

Can I press Section 221 of the IPC without the judgment being passed against the Accused?

Also, an offence under the NI Act might not meet the requirements of Section 221 of the IPC indiankanoon.org/doc/649942/

In my case, my documents have been marked. The Accused has filed a one-sided "joint memo" admitting that he owes me money. I have not signed this alleged "joint memo." I have informed the Court that I intend to continue the case. Subsequent to filing this "joint memo", the Accused nor his lawyer have been attending the Court. NBW has been issued many times. And, the Police are helping him and not producing him in Court

I have requested the Court to take up my case for judgement based on the memo of the Accused

But, seems like a joint memo is being expected

Would a visit to the Commissioner's Office help inspire the local police to execute the warrant and produce the Accused in Court?

Charles Bowles (Not employed)     16 August 2018

The last line of the warrant, addressed to the person who is to execute the warrant, reads:

"you are hereby directed to arrest the accused and to produce him before me: Herein fail not."

Will intentional non-production of the accused be Contempt of Court?


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