in Banking Law Criminal Law Bankruptcy
Asked November 13, 2017

Recall of warrant in default of payment case

  • 1 Answer

I have a case pending under N I act 138 where I have paid rs 90000/- to the party and balance and of rs 50000/- is to be paid. I have missed two dates due to genuine reason and now arrest warrant has been issued against me. Now I want to know how to proceed further. As my lawyer says don't appear in court without money as court will send you to jail. I want to know whether recall of warrant issued can be possible because I'm facing serious financial crisis. And my lawyer also says that I have to take bail again and then rest of the proceeding will take place. Please guide me or give some experience lawyer who can guide me. Thanks.

Answer 1

Get BAil as you are in JC. Then fight the case.

If you have no liability, why you pay 90,000/-?

If you have ganuine  liability, you should pay the cheque amount. 

In case of nonappearence, yoy should inform your lawyer to take examption from court through your lawyer. otherwise, court is right to issue Non-bailable warrent. There is a provision for cancellation of such warrent also. 

First, without knowing in detail fact, we can not give acquirate legal advise. Even otherwise, I like to tell you a story.

One day a poor man went to his friends hotel, when he was hyngry. His friend gave him food free of cost but did not ask for Shalad, pickel, Sweet etc., even did not ask if he had any need of more chapaties or rice. Because the food was free of cost and his friend was a businessman. If the poor friend at least paid some money, his friend must be provided all these items and feed him in heart and smiles.

SO, it is better you pay proper fees to get proper legal advise.

Asit Kumar Roy, Advocate (Legum Consultants, A Law Firm).

Phone 08802888820



Sorry, Call me 8802888820 pay proper fees ton get proper legal advise.


Agree Comment 0 Agrees over 4 years ago

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