Legal Question in Criminal Law in India

Warrant u/s 138 Negotiable instrument act

If a warrant is issued against accused and he is out of the country. Then wt happens? wt should be the course of action from that person. If coming back to the country is not possible for a year , then wt shld be done?


Asked on 3/14/07, 11:47 am

3 Answers from Attorneys
JUZER UDAIPURI M/S. UDAIPURI & COMPANY

Re: Warrant u/s 138 Negotiable instrument act

If you are the Complainant, and the Non Bailable Warrant has been issued for the arrest of the Accused, you must serve a copy of the warrant at the local airport and its police authorities. They will arrest him on his arrival. Also give a copy of the warrant to the Embassy of the country to which he has gone away to. They can cancel his visa and deport him. Most countries are very particular about cases against their residents.

Also try to serve the warrant and get a failure report. Upon the failure report, get a proclamation issued. Under the new amendment to Cr.P.C., 1973, once there is a proclamation, it amounts to an offence under Section 229A I.P.C.

I hope this answer is satisfactory.

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Answered on 3/17/07, 10:43 am
G. M. Gupta gmguptaandassociates

Re: Warrant u/s 138 Negotiable instrument act

take permanent exemption. its the right method and there are various judgements in this regard

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Answered on 5/01/07, 2:53 pm
mrugank patnaik msnp

Re: Warrant u/s 138 Negotiable instrument act

warrent shall be in force, till excution.no time bar for warrent.

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Answered on 3/15/07, 10:26 am


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