Hi,

The new in 498A will not be cancelled he would have applied for the bail instead.

Please change the lawyer and get your case followup.

It's a simple application of cancellation of NBW application before trial court. Mostly it is allowed. I am not getting which appeal is filed by your advocate. But after cancellation you have to be present if court wants you to. You can assure the court that there will be no delay and adjournment from your side to hinder progress of case.

As advised by your lawyer, assail this rejection before the High Court.

The Supreme Court has off lately taken a very strict and stern view against disgruntled wives. Take use of all such judgements.

hello sir, it is unnecessary to apply for such appeal . as court will not grant you any relief.. your lawyer is just making money bu increasing litigation unnecessary..NBW are issued to compel your appearance before court,in order to join the proceedings..it is advisable to appear before court and take bail and join the proceedings..even the high court will also pass the same directions...there is no need to approach high court

1)what are the grounds for rejection of petition for cancellation of NBW

2) you can appeal against impugned order before HC

Hello,

Yes you must approach the HC to get the NBW order cancelled and then you may appear before the Lower Court.

Right approach at this juncture would be to approach the High Court.

Regards

In which city the case is pending?

Regards

1. File a revision in high court. The high court would stay the warrant of arrest and would give you a time of few weeks within which you will have to surrender beofre the Magistrate and apply for regular bail.

2. in such circumstances once you surrender the Magistrate would grant you bail for sure.

3. After getting bail file a petition u/s 205 crpc to seek exemption of your personal attendance on day to day hearing of the case.

Dear Sir,

The High Court definitely cancels the NBW against you on some conditions.

In the meanwhile you may file another petition in HC seeking time limit disposal of the case.

If you are certain that allegations are false and you have some evidence to establish the same then approach the HC for stay of the proceedings and quashing of the FIR, if charge is filed then file discharge application before trial court, if rejected approach the HB. These are remedies available to you.

Dear Client,

On what date NBW issued and from which date u jumped the court appearance.

Allowing such appeals depends on discretionary power of court.

If ur lawyer submit before the court that the petitioner is ready to appear before the trial Court and participate in the criminal proceedings in Criminal Case. Court may direct the trail court to convert the arrest warrant into bailable warrant on his furnishing bail bonds.

U can also, seek direction form higher court for early disposal of trail.

Your circumstances has to be explained by the competent lawyer before the trial and high court to get the matter quashed. If not granted, then, the court can dispense with your appearance and direct you to appear on important stages. Proving allegation will be decided only after complete evidence is closed, not at the intermediate stage.

Your NBW can be cancelled, if high court directs to dispense with your appearance and direct to appear you on important stage.

#feedback

As asked tell me in which city the case is pending, engage in telephonic discussion for a detailed discussion

Thanks and regards

1. You have not mentioned on what ground your application for cancelling the NBW has been rejected by the Court and why and how the matter was allowed to reach this stage where NBW had to be issued against you. What was the reason for your not availing AB after the said 498A FIR was registered against the accused incluyding you?

2. However, your Advocate is right in suggesting that now you should apply for cancellation of the said NBW before the High Court covering the reason for which the said petition for cancellation of MBW was rejected by the trial court.

I have already advised what is to be done. Now it is your choice whether to follow such advice or not.

I have nothing to add more.

Approach the HC and seek order that you be released on bail as and when you appear before the court.

Please tell me in which city the case is pending?

Regards

You have to personally present in court for cancellation of NBW

2) you could have with court permission travel abroad for work purposes

3) you must appear in court and apply for cancellation of NBW

1. No arrests are made now a days as per Supreme Court direction based on the FIR registered u/s 498A based on wife's complaint. So, you should have appeared and taken the AB. Moreover, you also could have got your AB petition notarised by the local Indian Consulate and send the same to your Indian lawyer for filing the AB petition. However, give reason that you were not granted leave by your employer or that you did not get the Summons (which one is applicable or any other excuse you can find out) and apply for cancellation of the NBW before the High court.

2. If High Court rejects the said application (most unlikely), you shall have to take surrender bail by negotiating with the public prosecutor to ensure that he does not object in your praying for surrender bail.

Your father cannot act on your behalf in criminal case, possible in civil.

NBW can be recalled without accused's presence. Madras high court judgments will support your case.

Approach HC who can understand and appreciate your cause

The prayer in HC should be to recall the NBW citing your reasons and in the event of rejecting the prayer to grant anticipatory bail. Once AB is granted, then you can appear and co-operate with proceedings.

As per the Bombay high court judgement of December 2015 passed by ML Tahilyani. The cancellation of non bailable warrant doesn't require presence of Accused. Your lawyer can cancel your warrant in appellate court and he can give undertaking that proceedings will be continued unhampered in the trial henceforth.

1. Case is held proved or disproved only at the culmination of the trial when the court delivers the judgment,

2. Since the application for cancellation of NBW has been dismissed by the trial court the only remedy for you is to challenge that order before the higher court.

3. The duration for which you have dishonoured the summons and not appeared in the court may have weighed heavily with the court to dismiss your application for cancellation of NBW.

4. Furthermore, were you personally present in the court when the application for cancellation of NBW was heard? Unless you remain personally present in the court at the time of hearing of the application no court will cancel it.

5. The concept of POA does not apply to criminal matters, you have to appear personally.

Dear Sir,

Since you have shown disrespect to the Court by not attending the Court so NBW was not recalled. In such cases the only course open to you to stay in India and surrender passport then only Court will get confidence. In such cases Court may direct the Trial Court to complete the trial within 2-3 months, since it is pending for the last 4 years. At this stage you cannot give POA in favor of your father and go back to USA. Alternatively it is better to stay in USA itself instead coming over to India but the said case will be kept pending as "Long pending case" thus there is every danger for you in the above case. The last alternative either to get settle the matter by paying one time alimony. The choice is left with you.

In criminal cases, POA has no relevance, u cannot shift criminal liability.

AND as much time u will take to file appeal, negative inference will create against u.

IF u will show ur bonafied, Court will not hold ur travel.

Appoint reliable and good lawyer.

The cancellation of NBW is different subject to the trial proceedings or the case itself.

If ther is a NBW pending agaisnt you, then you have to surrender before the trial court by filing a petition under section 70(2) cr.p.c. for recall of NBW, along with the surrender application and solvencies.

What was the reason stated in the dismissal of petition to recall the NBW?

If you have not surrendered before court for recalling NBW, then an appeal before high court in this regard also may not fetch you any fruit, it may be a waste exercise.

Now i am willing to attend before councel if my NBW is cancelled and submit my defence and hand over POA to my father and go back to USA and join my duties . Is that possible please do advice .

First of all it is a criminal case.

In criminal case, the accused has to be present before the court for trial.

No power of attorney deed can be given to any one by the accused to represent on his behalf in court.

You cannot blame your previous counsel for your fault.

This is a rule and as per provisions of law, the accused has to be present before the court on each and every hearing.

You may not get any releif in high court also in this regard even if you file an appeal agaisnt the trial court's decision.

It would be better that you remain in US itself without coming to India so that the court will split the case and conduct separate trial for your other co-accused.

Your case will remain like that itself.

Hi,

The appeal to high court is better option.