What to do if accused does not appear in court despite bailable warrant executed

[Anonymous]

In Section 138 Negotiable Instruments Act case for cheque bouncing, accused is not appearing in court. Bailable warrant issued against him and executed also. But, he is still not coming to court. What can be done at this stage? What procedure to follow?

[Dr. Ashok Dhamija]

If the accused is not attending court despite bailable warrant having been served upon him, the first thing that can be done is to get a non-bailable warrant (NBW) issued against him. In that scenario, the accused can be arrested and produced before the court.

Secondly, efforts can be made to get his bail bond cancelled and also that of the surety, if any.

Thirdly, if needed, the court can be moved to declare him a proclaimed offender which can, in due course, lead to attachment of his property.

Being the complainant, you can make efforts to find out the new address of the accused, if he is not traceable.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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