Legal Question in Criminal Law in India
A non bailable warrant has been issued in 138 negotiable instruments act. This has been done without issuing a bailable warrant. What is the legality of such a warrant and please also suggest the remedy for the same. thank you
Asked on 10/28/10, 5:51 am
2 Answers from Attorneys
Aniruddha Pawse
Aniruddha.P.Pawse Advocates
you can apply to the court for cancellation of warrant by taking matter on board and remaining present.Court has a discretion to issue warrant
Answered on 10/28/10, 6:12 am
Vishwa Arya
Arya & Co.
however the supreme court advices to be liberal in granting exemption in 138 matters. your question does not show whether or not exemption was applied. your bet is to move an application for cancellation of warrants. You may do though counsel. One delhi High court judgment of Hon'ble Mr. Justice R S Sodhi says that one may apply in absentia also for cancellation of warrants.
Answered on 10/28/10, 10:36 am
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