Section 138 NI Act: Magistrate is competent to issue necessary instructions to the police for execution of arrest warrant and the High Court is not required to issue any independent direction [Read the Order]

A bench of Justice Ahluwalia in the case titled Arvind Sharma Vs. State of MP and Ors. on 18.10.2019 has observed that Magistrate is competent to issue necessary instructions to the police for execution of arrest warrant and that High Court is not required to issue any independent direction.

Madhya Pradesh High Court observed and held as under:

"This petition under Article 226 of the Constitution of India has been filed seeking a direction to the respondents to arrest the respondent No.4 in execution of warrant of arrest issued by the Trial Court.

It is submitted by the Counsel for the petitioner that the petitioner has filed a complaint under Section 138 of the Negotiable Instruments Act and in spite of issuance of warrants, the respondents No.1 to 3 are not executing the same, as a result of which his complaint is pending from the last two years without any substantial progress.

Therefore, it is prayed that the respondents No.1 to 3 be directed to execute the warrants which have been issued against the respondent No.4. Heard the learned Counsel for the petitioner.

It is clear that the complaint filed by the petitioner is pending before the Trial Magistrate. The Trial Magistrate is competent to issue necessary instructions to the respondents No.1 to 3 for execution of arrest warrant.

Under these circumstances, this Court is of the considered opinion that no case is made out for issuance of any independent direction to the respondents No.1 to 3. Accordingly, this petition fails and is hereby dismissed".

Read the Order here: