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Procedure to challenge recall of NBW order issued by Court


10-Mar-2023 (In Criminal Law)
Hello Sir, We raised Cheque Bounce Criminal Case against one accused. He was issued NBW in 2016 and he recalled it after few weeks. For the same case, at present one more NBW issued by court due to his repeated absences. Can we object the recall if it happens and put him behind the bar(imprisonment). He is working in a different country, what options available for us to prevent him from running out of India?
Answers (2)

Answer #1
581 votes
offence under cheque cases is a bailable one and warrant is recalled normally but you ask for speedy trial before the concerned trial court and directions for the same can be issued by the appropriate high court and attachment of property and proclamation of absconding offender are the instruments available in the criminal procedure code which can be used against him as per the law
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Answer #2
869 votes
when he files a petition to recall the NBW, you can file a counter considering its a case of 138 NIA, the chances of remanding him is very remote. If you are worried that he might escape from India, you can get a direction from the High Court to ensure his presence and to finish the trial at the earliest
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