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Process to recall NBW in check bounce case


20-Mar-2023 (In Cheque Bounce Law)
I am finding 3 different kinds of answers for this when I search in google. Can you please clarify which of this is applicable in my case. NBW is issued for the first time since I did not attend the case till now. Approach 1: Submit an application to recall the NBW with proper justification. a) court will recall if satisfied with reason b) court will impose a fine and recall if not satisfied with reason. Approach 2: Request for a surety bail. Any salaried or property owner can take the undertaking by signing a bond for some amount. If accused do not appear before the court again then surety person will have to pay the bond amount. Approach 3: Since the NBW is not yet executed, once the accused appears in the code it stands invalid.
Answers (2)

Answer #1
767 votes
hi,
the accused should appear before the court and apply for recall of nbw under section 70(2) cr.p.c.
court will recall warrant ( it is mandatory), subject to accused submitting surety bond. surety bond for recall of nbw is discretion of judge and in your case bond will not exceed 5000

Answer #2
833 votes
sir hello client close the court stating that you have not received the notice and then you have to file a recall petition the court will ask you to give to surety LBS for an amount of either rupees 5000 or for an amount of rupees 10000 if you get acquitted in the case then you will get the amount back if you get conviction in the case then the amount will be given to the complainant

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