Ramawtar Parik v. Shri Ram Finance Corportation Pvt. Ltd.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(227) No. 930 of 2019 • Ramawtar Parik S/o Shyam Sundar Parik Aged About 31 Years Proprietor Maa Kunjal Auto, R/o Village And Post Kansabel, Tahsil Jashpur District Jashpur Chhattisgarh ---- Petitioner

Versus

• Shriram Finance Corporation Pvt. Ltd. R/o Anupam Nagar, (Shankar Nagar) 29/B-7, In Front Of Doordarshan T.V. Power, Raipur Chhattisgarh Through Power Of Attorney Mr. Rakesh Tiwari, Aged About 32 Years Mo. No. 989328302 ---- Respondent For Petitioner : Mr. Hariom Rai, Advocate.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 05-12-2019 Heard.

1. This petition has been brought being aggrieved by the order dated 15.04.2019 passed against the petitioner, by which because of nonappearance of the petitioner in the complaint case, the trial Court has declared him absconding and issued permanent warrant of arrest.

2. Learned counsel for the petitioner submits that the petitioner wants to appear in the case against him and he was never served with any notice, therefore, the impugned order is suffering from infirmity which may be set aside.

3. The petitioner has option to file an application under Section 70 (2) of Cr.P.C. praying for cancellation of warrant before the same Court,

-2therefore, I do not find reason to entertain this petition. Hence, this petition is disposed off at motion stage, however, the petitioner is at liberty to file application under Section 70 (2) of Cr.P.C. for the cancellation of warrant before the trial Court.

4. Accordingly, the petition stands disposed off. Sd/- (Rajendra Chandra Singh Samant) Monika Judge