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Arrest warrant u/s138 nii act without any summon
07-Oct-2023 (In Banking / Finance Law)
Taken a personal loan Rs1.00 Lac in the year 2007, Certainly become Job less for this reason the loan is still unpaid.Certainly today got arrest warrant u/s138 ni act. without serving any summons.what should I do?
Under the provisions of the Code of Criminal Procedure, 1973, offence relating to dishonour of cheque which attracts Section 138 of the N.I Act, is a bailable and non cognizable offence.
Process of Summons is primary and inevitable step which is directed by the Ld. Magistrate.
It is only when the accused is not available on his last known address or otherwise avoids the service of Summons, Warrant of Arrest is being issued at the prayer of the Complainant.
It is advisable to surrender before the Ld. Magistrate before the Police reaches you and take bail which is generally granted by the Ld. Magistrate.
Process of Summons is primary and inevitable step which is directed by the Ld. Magistrate.
It is only when the accused is not available on his last known address or otherwise avoids the service of Summons, Warrant of Arrest is being issued at the prayer of the Complainant.
It is advisable to surrender before the Ld. Magistrate before the Police reaches you and take bail which is generally granted by the Ld. Magistrate.
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Adv. Shambhu Mahato
Kolkata | 25+ Answers
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Summon must have been issued.May be due to any reasons u may not have received it.Anywhere if any warrant is there Appearin person through a lawyer and furnish a bail bond and ask for bail. ..and then further proceedings
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Adv. M W Zaman
Kolkata | 25+ Answers
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Sec 138 of N I act is action for dishonour of cheque for insufficient of fund.Notice has to be issued within 30 days from the date of dishonour by the bank.for.alitied are to be completed to register a case then question of arrest warrant arise.
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Adv. Samiran Chakraborty
Kolkata | 25+ Answers
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