Process for NBW

 Dear RajKing

Magistrate usually  issue Bailable Warrant, after Summon. [summon>bw>  nbw> arrest> @@@]

NBW is not as per procedure. However, ok if issued, well and good.

If your Advocate applied NBW “BY HAND DELIVERY”, The Court will handover to you the Warrant, addressing the concerned Police Station.

You can directly go to concerned Police station with the said Warrant of Arrest, and with that Local PSI, can arrest the accused, to bring him to the Court at AP. You have to Pay Process Fees for the same, say about Rs. 50 or so, ask court clerk, and pay by affixing the amount of Court fee stamps below the
Order of Warrant. You may send Warrant by Speed Post/ Regd.  AD Post,  or thru Court, by Post or Personally.

To ensure it, I advise to do personally, or thru your staff, or reliable friend, by hand to ensure it reaches Police Station.

Now the Police Have to act, serve upon the accused, arrest him, bring to AP Court.

Here one have to be practical. If you co-operate with Police, and Police Co-operate you , accused will be arrested,

If Accused co-operate with the Police, and Police co-operate with accused, There are plenty of excuses, such as” Door as Locked when went” “Not available , gone out”  “ Left this address”

OR His wife sign, and in Cr.P.C., it is invalid, rtd as not served, and You may waste a year or Two in this PROCESS serving Warrant, after all it is  a PVT case.

In this PROCESS, All depends upon   whom the Police Co-operate, and who influence the Police More. [More Money, More Fight] Sometime, Political or other influence works!  Beauty are known to Police, not Duty. Who and what influence thee Police is a matter of fact, differ from Place to Plce, and person to person. I am her at Bombay, with this age of 63, know all these, and understand, how to get work done through Police.

OR POLICE REPLY TO YOU “ Now You do not interfere, we will do our work, now go” and Police will inform accused, get his co-operation, and advise  to be away when he visit his residence or work place to serve Warrant. !” Can anybody prove the corrupt practice?? More the amount of Cheque, more the Co-operation.  Reputed Businessman pays very high to avoid arrest. “ Police ka lottery to lag gaya, tum ko paisa mile ya na mile , unko to 100% milega, chahe app do yya accused dega“  Police will certainly take Three Chances every two months, till you issue Show causer Notice to SP.

You can always find out correct Police station, use Google, and all PS of that district, in Tamil Nadu. It is not difficult, and all Mobile, phone No are available, cal them , and inform u want to serve NBW, They will willingly Co-operate to inform you the correct Police Station, “ Uska Lottery ka ticket jo tum bhej rahe ho” he will guide you for correct Police station. So you will have concerned police station address, and you can ask him to co-operate, with your man.

Remember, our communication is privileged, and confidential, as you are consulting Lawyer on roll of LCI.

I hope, this will clear all your doubt, and help you achieve your objective, after all you too want your money!! it works. 

Bye,

Adv Shroff

07-12-2011

Now SC has issued strict guidelines for issue of NBW. Go step by step NI 138 cases take years and years now to settle.

Thanks Mr. Shroff and JSDN.

NBW is what I heard that the judge said but will wait for confirmation. I think in this case it desrves to be since the accused has refused to receive the summon even though he has received my legal notice twice leading to the institution of the case...

FYI. I can manage the local police as I know how to torture them if they don't act as per law. I also know the police station covering the accused's address since it is my native place.... I meant the court doesn't have that information and thus I asked my lawyer to pass it onto them...

Dear Mr.JSDN, could you please post the link to that SC judgment(s) with strict guidelines on NBW?

Thanks

Dear Mr. JSDN, all your posts are pro accused why ?

A victim doesn't matter to you or what ?

Do you always think that accused is right and not the complaints ?

Perhaps Mr.JSDN was referring to this judgment:

https://www.indiankanoon.org/doc/1934058/

I have gone thru it and found nothing repugnant to issue NBW. It only suggests to go slow on NBW but ultimately it is upto the court to decide based on the facts and circumstances of the case and the SC has clearly refused to lay any specific criteria as such...

Thanks

Mr. King

Mr. Sharoff is rightly and very well explained the matter, i think you got your answer

feel free to call

Dear Nadeem,

Yes I did get the answers for my questions and will follow the same... I have learned something today!!! One is about the SC guidelines and the right of the magistrate to decide whether to issue NBW or BW, two is on the gimmicks that police might play with your warrant... thanks everyone.....

Raj

NBW can still be issued, if all other modes to get the presence of the accused fail.

There is no bar on issuance of NBW.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Yes I am for the accused since I am surprised how value is released against security of cheque only. Money sharks have monopolised the NI 138 prosecution.

Pl read the citation properly . SC has directed all HCs to direct criminal courts to strictly follow the suggested procedure for issue of NBW among them=

1) it should be ensured the summons with copies of complaint is served.

2) Machine  printed  and mumbered NBW forms should be used and should be address to competant police officer with direcrtion to report back.

Now in most of cases no notice of court with copy of complaint and all the documents is served on the accused and straight away request for NBW is made which not permissible now.

And the original post is for issuer of warrant for other state , so again read the citation carefully in para 23 ( k) the appex court has directed that provisions of section 78 and 79 CRPC must strictly be followed while issuing warrants against the accused.

Dear Mr JSDN,

I appreciate your sentiment as this can be easily taken advantage of by crooks... but you were concerned about such things then the entire banking industry falls under that category as it is a common practice (now) that all banks ask for undated checks for the entire sum of the loans. [ I know there are some judgments that helps the accused in such cases]. My argument would be, if the government and even the court allows such practices by banks then why not the money sharks? (let us keep the quantum of the interest aside for the purpose of this discussion).

Your thoughts ???

Thanks

Raj

banks are not legally allowed to take post dated cheques. It is the persons who do it to take advantage of needy person. 

Any accused who can prove undated blank cheques were taken the case will fail.

And every body knows it takes years and legal fees to win a NI 138 case so how a genunine holder can wait so long. It is money sharks who have collected original sum and now producing inflated cheques to cover high interest.

Yes I have seen that and I agree with you that the courts don't follow the procedures properly...SC order is not required since I believe it is already covered in the CrPC.... BUT then most criminal and civil courts don't follow many such basic provisions.....

So, the BIG question is, if the court doesn't follow these guidelines then what happens to the NBW?

- Wouldn't it be unfair to the complainant if the appellate court sets aside the NBW because the trial court messed it up?

- Why not penalize the trial court instead if they don't follow the procedure & guideline? & leave the NBW as is and direct the trial court to comply with the requirement of the law?