Legal Question in Criminal Law in India

section 138 Negotiable instrument act

If a warrant is issued against a person to present in court under section 138. And the person is out of India, can this warrant be cancelled throuh his advocate oe is it necessary for that person to remain present in the court? Are there any options, can advocate do anything abt it?


Asked on 3/21/07, 6:25 am

5 Answers from Attorneys

JUZER UDAIPURI M/S. UDAIPURI & COMPANY

Re: section 138 Negotiable instrument act

Sir, I humbly disagree with all my learned friends. Once a warrant has been issued to secure your presence, it cannot be cancelled without you being present in court. Over and out.

However, the only way to get a warrant cancelled/recalled, is to approach the High Court of the State under Section 482 Code of Criminal Procedure, 1973. The High Court has got plenary powers to cancel the warrant and also grant permanent exemption based on the facts of the case.

I am dead sure about it, since I have done it, and have got a hands down experience of what works and what does not.

Thank you.

I hope you have found this suggestion useful.

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Answered on 3/24/07, 10:04 am
Panduranga Acharya J & P Associates, Advocates & Solicitors

Re: section 138 Negotiable instrument act

Dear Sir,

It is court proceedure to issue warrent if the accused is not appearing before the court. if you are accused you should present before the court if not possible make an application through our advocate for permament exemption of presence. However its court discreetion to entertain the application.

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Answered on 3/22/07, 5:52 am
Shrichand Nahar S.V.Nahar, Advocate

Re: section 138 Negotiable instrument act

A warrant is normally issued when an accused is absent during proceedings of a case against him without any reasonable cause. If the accused is out of india and had duly instructed his lawyer to conduct the matter in his absence, then such warrant can be cancelled.

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Answered on 3/21/07, 7:02 am

Re: section 138 Negotiable instrument act

Generally person against whom warrent issued has to present in the court.warrent can not cancelled without excution.However court can permit any person to appear through advocate considering facts &circumstance.

advocate can guide you considering fact,circumstance,document.

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Answered on 3/21/07, 8:56 am
G. M. Gupta gmguptaandassociates

Re: section 138 Negotiable instrument act

a lot of things can be done and you need not to appear in the court most of the time.

there are a lot of judgements in this regard

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Answered on 3/27/07, 5:12 am


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