Cheque Bounce - Recalling Arrest warrant without me or my advocate by the Judge
1 month ago
I have filed a cheque bounce case for Rs.2 lakhs amount towards refund of a property purchase cancelled (by the owner in Hubli) in Bangalore in 2021. The accused did not appear for a year and then took bail without any notice to my advocate. Now he did not attend court in spite of 9 NBWs/Arrest Warrants. On 26.2.2024 he came to Court without any intimation to me or Advocate and got NBW/Arrest Warrant recalled and the case is posted for 16.4.2024 instead of original 29.4.2024 and we are not informed except that we got the date on e-Court. I suspect foul play here and please advise what can I do. (i) Should I attend the Court on 16.4.2024 though I have no intimation (ii) Should I challenge this recall of Warrant (iii) Should I attend the court on 29.4.2024 and submit objection to the Court?
In cases of urgency, parties can request an urgent listing or preponement of the scheduled hearing date before the court, even before the date generated by the computer. If the court deems the application for urgent hearing to be meritorious, it may grant the request. With the introduction of the e-court system, there's no need for separate information or notice regarding the status or rescheduling of the hearing date. Therefore, you must appear before the court on the rescheduled date, i.e., 16/04/2024, and submit your objection to the petition seeking the recall of the order of non-bailable warrant or warrant of arrest against the accused.
In case of urgency, it will be open to the parties to mention the matter before the Hon'ble Court even before the scheduled hearing date for urgent listing or preponing the date generated by the Computer as per the above logic. If the Courts find merit in the application for an urgent hearing, the Court may allow the hearing. After the introduction of the e-court system, no separate information or notice is required to inform the parties regarding the status or rescheduling of the date of the hearing. So, you need to appear before the Court on the rescheduled date of hearing i.e, 16/04/2024, and submit your objection to the petition allowing the recall of the order of NBW or warrant of arrest of the accused.
Fake cheque bounce case
FD as a security for bail
Cheque bounce due to stop payment.
Cheque bounce
Cheque bounce case
