Unexecuted warrants, unrecovered loans: The case for mandamus in recovery of public money

India’s courts are overflowing with cases under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) and Section 25 of the Payment and Settlement Systems Act, 2007 (PSS Act). These provisions, which criminalise dishonour of cheques and electronic transfers, were meant to deter defaults and protect financial discipline. Yet, thousands of such prosecutions have stalled after issuance of Permanent Non-Bailable Warrants (PNBWs) against absconding accused.