Madras High CourtCRL OP/1068/2024disposed of

John @ Johnbritto v. State Rep.By

2024-01-23Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 23.01.2024

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.1068 of 2024 John @ Johnbritto .. Petitioner Vs.

State represented by its The Inspector of Police, Kolathur Police Station, Salem District.

(Crime No.57 of 2023) .. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to recall the Non Bailable Warrant dated 28.11.2023 pending against the petitioner in Spl.S.C.No.43 of 2023 on the file of Hon'ble Principal District and Sessions Court, Salem in Crime No.57 of 2023 on the file of the respondent.

For Petitioner : Mr.C.Deepakkumar For Respondents : Mr.A.Damodaran Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to recall the non bailable warrant issued by the Principal District and Sessions Court, Salem, in Spl.S.C.No.43 of 2023.

2. The petitioner is arrayed as accused in S.T.C.No.70 of 2016, on the file of the learned Principal District Munsif cum Judicial Magistrate Court, Vaniyambadi, for the offences punishable under Section 138 of the Negotiable Instruments Act.

3. The petitioner was absent during the trial in S.T.C.No.70 of 2016, on the file of the learned Principal District Munsif cum Judicial Magistrate Court, Vaniyambadi. Therefore, non bailable warrant came to be issued on 18.12.2020.

4. The learned counsel appearing for the petitioner undertakes that the petitioner shall appear before the Court below regularly on all future hearing dates without fail.

5. Considering the undertaking given by the petitioner, the petitioner is directed to appear before the learned Principal District Munsif cum Judicial Magistrate Court, Vaniyambadi, within a period of two weeks from today and file a petition to recall the NBW issued against him. The concerned Magistrate is directed to consider the same on merits and pass orders on the same day.

6. Accordingly, the Criminal Original Petition stands disposed of. 23.01.2024 Index :Yes/No Internet:Yes/No Speaking/Non speaking order rka To 1.The Inspector of Police, Kolathur Police Station, Salem District 2.The Public Prosecutor, High Court, Madras.

N. ANAND VENKATESH,J rka Crl.O.P.No.1068 of 2024 23.01.2024