Legal Question in Criminal Law in India

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.

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.

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.

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.

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