Legal Question in Criminal Law in India

Re: u/s 138 Negotiable instrument Act, warrant

Friend, you are in real trouble. As one of the signatories to the cheque, you have no escape. You can at the most, get permanent exemption from the court, and conduct the matter through your Advocate. If the magistrate does not give you exemption, get it from the High Court by filing a petition under Section 482 Cr.P.C.., 1973.

You will have to contest the matter at all costs.

Probably, you may be able to get out since the Supreme Court in one of its latest judgments (not reported) as yet, but published in Economic Times on the 13th of March, 2007, stated that only the Managing Director can be held responsible for the offence. But, then each case has its own plus and minus.

I would suggest that you consult your Advocate in detail, and find out the best mode possible.

Re: u/s 138 Negotiable instrument Act, warrant

you can get permanent exemption and need not to appear

otherwise the chances of arrest in outside india for this case are like nothing.

its better take permanent exemption

Re: u/s 138 Negotiable instrument Act, warrant

As per provisions of Code of Criminal Procedure and various case laws of the Supreme Court and High Courts, you are almost entitled to personal exemption, if such exemption is not causing delay in the trial i.e. you should have an Advocate duly instructed to conduct the matter in your absence. Your presence will be required at the time of pronouncing of Judgement by the Court in the matter.

As far as issuance of warrant is concerned, it can be enforced only if the country in which you are working or staying is having a Treaty with India. Otherwise, such warrant can be executed upon your return/arrival in India.

Re: u/s 138 Negotiable instrument Act, warrant

you can settle the matter through advocate.it will be bst for you.

Re: u/s 138 Negotiable instrument Act, warrant

There is no escape from court. As in jassica lal case the court can issue warrant against you, and can also ask to the indian commission to serve to you in foreign country, and also attache you property and make sale of the same in India and your passport and visa can also be cancelled by court order.Interpole can issue red corner against you.permanent exemption is possible but all depends upon trial court and for said purpose a valid reason should be there.