Legal Question in Criminal Law in India

Arrest Warrant under NI Act (Cheque Bounce Case)
I just got arresrt warrant in NI Act (Cheque Bounce). I can't recall any such case which I've attended personally and surprised how come I got arrest warrant before getting any summons or any other notices?
I'm yet to find out more details about the case from the court, meanwhile I wanted to check what are the next procedure in this case?
1) What shall I do next?
2) Is it possible that one didn't get any notice or summons and case went on till the decision and finally arrest warrant under NI Act?

Asked on 8/14/09, 7:23 am

4 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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1. Seek bail.

2. Yes. Sometimes the summons are issued by the court followed by bailable warrants but the accused is not served and a wrong report is filed about service which results in issuance of NBW.

However, no ex parte judgement is possible. therefore, the case may still be at trial stage and you may get adequate opportunity to defend yourself.

Answered on 8/14/09, 8:01 am

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RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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in case of negotiable instrument complaint, it is mandatory to send the notice to the accused and afterwards the court sends the summons at the given address and only after the summons are not complied with, the arrest warrants are issued. in your case, if you never received the notice and never received the summons, you may seek quashing of complaint on the basis of non application of judicial process. in the meantime you should get your warrant cancelled by moving an application and seek the bail.

Answered on 8/14/09, 8:58 am

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