Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Legal remedy for cancellation of NBW - Petitioner can file an application before the Trial Court for cancellation of NBW and recall of process under Section 82 Cr.PC. The Court may keep the NBW and related processes in abeyance until such application is decided ["Ganga Ram Sharma vs Mukesh Kumar - Delhi"] ["Yennam Venkata Shiva Reddy vs The State of Telangana. - Telangana"] ["GANGA RAM SHARMA vs MUKESH KUMAR - Delhi"].
Procedure for issuance and cancellation of NBW - Courts generally issue NBWs when accused are absent without sufficient cause, especially after previous steps like summons or bailable warrants are not followed. The issuance of NBW without prior summons is often challenged, and courts may recall or cancel NBW if the accused demonstrates bona fide intentions or if procedural lapses are identified ["Arige Venkataramaiah VS State of Telangana - Telangana"] ["GANGA RAM SHARMA vs MUKESH KUMAR - Delhi"] ["J.C. FLOWERS ASSET RECONSTRUCTION CO. PVT. LTD. vs MAHESHA R - Karnataka"].
Factors influencing cancellation - The courts consider whether the accused shows willingness to cooperate, whether proper procedure was followed (e.g., issuance of summons before NBW), and whether the accused was absent due to bona fide reasons, such as lack of notice or legal representation ["Arige Venkataramaiah VS State of Telangana - Telangana"] ["Thammisetty Vaasu vs The State of Telangana - Telangana"] ["J C FLOWERS ASSET RECONSTRUCTION CO PVT LTD vs VENKATESH - Karnataka"]. Delay or neglect in executing NBW by police or complainant can also impact the court's decision ["J.C. FLOWERS ASSET RECONSTRUCTION CO. PVT. LTD. vs MAHESHA R - Karnataka"].
Stay and suspension of NBW - Courts often stay the execution of NBW if the petitioner moves an application for its recall or cancellation, and such stay remains until the court rules on the application ["GANGA RAM SHARMA vs MUKESH KUMAR - Delhi"] ["GANGA RAM SHARMA vs MUKESH KUMAR - Delhi"].
Approach for cancellation - Petitioners are advised to approach the Trial Court with a proper application for cancellation, citing procedural lapses or bona fide reasons. Courts have emphasized that NBW should not be executed if an application for cancellation is pending, and the accused's appearance or cooperation can influence the decision ["GANGA RAM SHARMA vs MUKESH KUMAR - Delhi"] ["J.C. FLOWERS ASSET RECONSTRUCTION CO. PVT. LTD. vs MANIKANTAN A M - Karnataka"].
Impact of non-compliance and delays - Repeated issuance of NBW without proper execution or failure of police to execute NBW can lead to recalling or quashing the warrant. Courts have dismissed cases for default when NBW is not executed or when accused fail to appear despite NBW ["J C FLOWERS ASSET RECONSTRUCTION CO PVT LTD vs VENKATESH - Karnataka"] ["J.C. FLOWERS ASSET RECONSTRUCTION CO. PVT. LTD. vs MAHESHA R - Karnataka"].
Analysis and Conclusion:The cancellation of NBW in NI (Negotiable Instruments) matters or any criminal case hinges on procedural compliance, bona fide reasons for absence, and timely approach to the Trial Court. Courts generally favor allowing accused to appear and seek cancellation, especially if procedural lapses are identified, such as issuance of NBW without prior summons. Petitioners should file appropriate applications before the Trial Court, which may stay or recall NBWs pending decision. Courts emphasize that NBWs should be executed through police and not by complainants directly, and delays or neglect in execution can lead to cancellation or recall of warrants. Overall, judicial discretion is exercised considering the circumstances, bona fide intentions, and procedural correctness ["Ganga Ram Sharma vs Mukesh Kumar - Delhi"] ["Arige Venkataramaiah VS State of Telangana - Telangana"] ["Yennam Venkata Shiva Reddy vs The State of Telangana. - Telangana"].
References:
Facing a Non-Bailable Warrant (NBW) in a Negotiable Instruments (NI) Act case can be daunting, especially under Section 138 for cheque bounce matters. Many accused wonder: cancellation of nbw in NI matter – is it possible, and under what conditions? This blog post breaks down the legal framework, key judgments, and practical steps based on established case law. While this provides general insights, consult a lawyer for personalized advice, as outcomes depend on specific facts.
NI Act cases, particularly Section 138, are summary proceedings aimed at swift resolution of cheque dishonour disputes. Courts issue NBWs to secure the accused's presence when summons are ignored or bailable warrants fail. However, NBWs are not issued lightly; they must balance individual liberty with justice interests. Mariyappan VS T. Baskar - 2016 0 Supreme(Mad) 3342
As noted, NBWs are issued to secure the attendance of the accused and must be issued lawfully, following proper procedures. Mariyappan VS T. Baskar - 2016 0 Supreme(Mad) 3342 Improper issuance can lead to cancellation or quashing.
Courts may cancel an NBW if it's unlawful, procedurally flawed, or based on improper judicial discretion. Key grounds include:
In H. C. Jain VS R. K. Synthetics and Fibres Pvt. Ltd. - 1999 0 Supreme(Bom) 136, the court quashed an NBW stating the Magistrate's discretion was grossly improper, and the record lacked reflected undertakings.
Conversely, courts refuse cancellation if the NBW follows due process and the accused shows non-cooperation. Om Prakash Gupta VS State of U. P. - 2015 0 Supreme(All) 3245 Here, the court refused quashing but permitted surrender and bail application: the court refused to quash the NBW but allowed the applicant to surrender and apply for bail.
Judicial discretion is pivotal. Courts must weigh liberty against prosecution needs. M. Senthil Kumar VS S. Periyasamy - 2016 0 Supreme(Mad) 95 emphasizes: NBWs cannot be issued solely for production before police in aid of investigation and underscores judicial discretion in issuing or cancelling warrants.
In prolonged NI cases, willful delays justify upholding NBWs. Satish Reddy Sheri vs State of Telangana - 2025 Supreme(Telangana) 382 notes: petitioners are willfully dragging the matter, without cooperating.
Other judgments highlight nuanced scenarios:
Single Absence Not Enough: Harshal S/o Bhagwanrao Umale vs State of Maharashtra ruled a single absence doesn't warrant continued NBW execution: Single absence does not justify the continued execution of a Non-Bailable Warrant. The court suspended NBW until appearance.
Suspension Pending Recall: Lakshmi Padma Priya Anjana Devi Thallam Vs The State suspended NBW till the accused applies for recall: Till the petitioner appears before the trial Court... the NBW that was issued against him stands suspended.
Non-Compliance by Officials: Even law enforcers face NBWs for ignoring orders. Insp Ram Niwas VS Govt. of NCT of Delhi - 2020 Supreme(Del) 15 stresses duty to assist execution, dismissing a former SHO's plea due to repeated disregard.
Evasive Tactics: Rakesh Mohan Sharma VS State (Govt. of NCT of Delhi) - 2018 Supreme(Del) 2196 criticized delays via exemptions, imposing costs and directing expedited trials: the petitioners had evaded the judicial process, rendering it toothless.
Quick Cancellation on Appearance: Sangeeta Santosh Kadam VS State of Maharashtra Through the Senior Inspector of Police, Sanpada Police Station, Sanpada, Navi Mumbai - 2019 Supreme(Bom) 1106 cancelled NBW upon appearance: the NBW issued to petitioner was cancelled by the Court.
Foreign Nationals and Bail: Peter Schneeberger VS Ministry of Home Affairs, Union of India - 2019 Supreme(AP) 248 considered flight risk but allowed relief post-NBW cancellation via penalty.
These cases show courts favor recall if bona fides are shown, like prompt surrender or valid excuses.
In NI matters, highlight summary nature and delays harming complainants. Satish Reddy Sheri vs State of Telangana - 2025 Supreme(Telangana) 382
Section 138 cases often see NBWs due to accused avoidance, stalling 6+ year proceedings. Courts criticize this: criminal revision petition filed by petitioners was held to be not maintainable under Section 397(2) Cr.P.C. Satish Reddy Sheri vs State of Telangana - 2025 Supreme(Telangana) 382
Default dismissals are rare without deliberate absence. State at the instance of Shri. D. S. Patil, Food Inspector, Food and Drug Administration VS Mahadev Yeshwant Ballal - 2017 Supreme(Bom) 1194 restored cases where complainant absence wasn't intentional.
| Factor | Favorable for Cancellation | Against Cancellation ||--------|----------------------------|----------------------|| Discretion | Proper balancing of liberty | Mechanical issuance || Appearance | Prompt surrender | Repeated evasion || Circumstances | Age/health, single absence | Willful delays || Procedure | Recorded reasons | No prior summons |
In summary, cancellation of NBW in NI matters typically hinges on procedural adherence and judicial discretion. Cases like M. Senthil Kumar VS S. Periyasamy - 2016 0 Supreme(Mad) 95H. C. Jain VS R. K. Synthetics and Fibres Pvt. Ltd. - 1999 0 Supreme(Bom) 136 illustrate courts' power to quash unlawful warrants while upholding lawful ones. Always prioritize compliance to avoid escalation.
Disclaimer: This is general information based on judgments like Mariyappan VS T. Baskar - 2016 0 Supreme(Mad) 3342, Om Prakash Gupta VS State of U. P. - 2015 0 Supreme(All) 3245, and others. It is not legal advice. Outcomes vary; seek professional counsel for your case.
#NBWCancellation, #NIAct138, #QuashNBW
Let petitioner may move the appropriate application before the learned Trial Court for cancellation of NBW and process under Section 82 Cr. PC. ... NBW and process under Section 82 Cr.PC shall be kept in abeyance till the learned Trial Court passes the appropriate orders on the application for cancellation of NBW and recalling of process under Section 82 Cr. PC. ... Learned counsel for the petitioner submits that the matter has already been settled between the parties at Delhi Mediatio....
(Oral) CRL.M.A. 13208/2023 (for cancellation of NBW) 1. ... By way of present application filed under Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') by the applicant/appellant seeks cancellation of Non Bailable Warrant (`NBW') issued by this Hon'ble court vide order dated 14.02.2023 in case FIR bearing no. 342/2000, registered at Police Station
) against the accused and posted the matter for hearing on 05.10.2023. ... No. 4637 of 2022, the petitioner/accused had engaged a counsel and when the matter came up for hearing on 06.09.2023, the trial Court has observed that the accused was called absent and there was no representation on behalf of the accused and therefore, the Court had issued an NBW (Non-Bailable Warrant ... of the proceedings when his application for recall of NBW was being considered. ... The contention of the petitioner/accused is that he was not....
Learned counsel for respondent No.2/de-facto complainant submitted that matter pertains to 2018 and it is a case under Section 138 of NI Act and that proceedings under the NI Act are summary proceedings and it has been 6 years, that petitioners are willfully dragging the matter, without cooperating and ... The order of NBW is under challenge. 7. ... It is submitted that criminal revision petition filed by petitioners was held to be not maintainable under Section 397(2) Cr.P.C., as order issuing NBW or order recalling #HL....
If the petitioner fails to comply any of the conditions as mentioned supra, the trial Court is entitled to proceed with the matter in accordance with law. 10. With the above said directions, the Criminal Petition is disposed of, accordingly. ... He further submits that the petitioner is ready and willing to appear before the `trial Court whenever his presence is required and also he will represent the matter on every date of hearing by his Counsel and he is ready to abide any other conditions which are going to be imposed by this Court and unless ... the ....
The matter would have been different, if the accused has been brought to the Court after execution of warrant. However, record indicates that accused shown his bona fides by taking matter on board and seeking for cancellation, but he was absent. ... On 22.07.2022, the petitioner (accused No.2) was absent, that is why the Trial Court has issued Non-Bailable Warrant (‘NBW’) and posted the matter on 06.08.2022. ... The petitioner undertakes to appear before the Trial Court on 06.08.2022 on which the #HL_ST....
Consequently, the docket order dated 30.09.2024 is also set aside and the trial Court is directed to issue summons to the accused No.3 and proceed with the matter strictly in accordance with law. 6. ... Even if that were the case, the trial Court ought to have issued summons in the first instance, and only upon non-compliance, could it have resorted to issuing an NBW. Therefore, the issuance of the NBW at this stage is not sustainable and is hereby set aside. ... Learned counsel for the petitioner submitted that the trial Court has errone....
Although the said instructions do not mention execution of NBW but from the annexures to the instruction, it is apparent that NBW has been executed on 12.12.2025 and Ananda Swain arrested. 4. ... Police Station nor any orders passed by the learned Judge, Family Court for ensuring execution of the NBW. ... This also confirms that after 23.02.2022, the matter has not been taken up by the Court nor have any steps taken by the IIC, Mahakalpara Police Station for execution of DW and CNBW. 7. ... This application has been fil....
Till the petitioner appears before the trial Court as directed supra and files an application for recall/cancellation of NBW, the NBW that was issued against him stands suspended. No costs. ... No.5191 of 2021 recall/cancellation of NBW issued against him. ... By the impugned docket order dated 01.12.2021, the learned Additional Junior Civil Judge, owing to the absence of the petitioner on the date of the first appearance of the accused, issued NBW against the accused and posted the #H....
When the Court has issued NBW to the accused, it is the duty of the concerned police to receive the non-bailable warrant from the Court. The non-collection of the NBW by the complainant is not a genuine ground to dismiss the case. ... The trial Court has passed an order of re-issue NBW to the accused by hands of the complainant, which shall be executed through the jurisdictional police. When the Court has issued NBW to the accused, the same has to be executed through concerned police. ... Inspite of repeated issuance of ....
One of regular PS/Stenographer is on leave for one month. File taken up today on the application for cancellation of NBW moved on behalf of applicant Insp.
The bail application was also opposed on the ground that there is a likelihood of the petitioner's escape in case of his release as he is a foreign national. On 06.02.2019 the petitioner did not appear before the Court. As such an NBW was issued by the Court and on the same day a Criminal M.P. was filed for cancellation of the NBW. Later, Crl. M.P. No. 484 of 2019 was filed for a bail and the three questions which the Court considered before passing the order are found in paragraph 4 of this order.
It is pertinent to note that, on 29.06.2018 the Petitioner appeared and informed that no summons was issued. The NBW issued to petitioner was cancelled by the Court.
On 16.02.2012, second petitioner again took exemption, and the case was yet again adjourned for consideration of the question of charge to 26.04.2012. Similar move for exemption on 26.04.2012 again was successful in evading the hearing and leading to matter being adjourned to 25.07.2012. On 04.09.2004, the first petitioner moved application for cancellation of NBW which was granted, subject to payment of Rs.100/- as penalty. On 19.07.2004, none appeared and so the trial magistrate issued non-bailable warrant (NBW) with notices to sureties under Section 446 Cr.P.C. for 27.04....
The personal bond and surety bond of the Respondent No.1 were accepted and the matter was adjourned for execution of NBW qua the Respondent No.2. The Respondent No.2 also filed an Application seeking cancellation of NBW, which was allowed on penalty of Rs.50/- being deposited. The Application preferred by the Respondent No.1 for cancellation of NBW was allowed. Learned Advocate filed his Vakalatnama on behalf of the Respondent No.2. On 30.07.2001, both the Respondent - accused were present, however, the Complainant was absent. On 13.11.2000, non-bailable w....
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