Madras High CourtCRL OP/2794/2019disposed of

G.Bharath Kumar v. The Inspector Of Police

2019-02-01Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.02.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.2794 of 2019 G.Bharath Kumar

...Petitioner

-VsState Rep by, The Inspector of Police (L & O), C-3, Police Station, Seven Wells, Chennai - 600 079.

... Respondent Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the learned Metropolitan Magistrate No.IV, George Town, Chennai - I, to accept the surrender of the petitioner and consider his recall petition on the same day in C.C.No.2140 of 2016 on his file or on his appearance before the Court.

For Petitioner : M/s.D.N.Dhurgasha For respondent : Mr.M.Mohamed Riyaz Additional Public Procecutor

ORDER

This Criminal Original Petition has been filed to recall the non bailable warrant issued by the learned Metropolitan Magistrate No.IV, George Town, Chennai - I, by order dated 14.11.2018 against the petitioner in C.C.No.2140 of 2016.

2. The petitioner is arrayed as accused in S.C.No.2140 of 2016, on the file of the learned Metropolitan Magistrate No.IV, George Town, Chennai - I, for the offences punishable under Section 138 of the Negotiable Instruments Act.

3. The petitioner was absent during the trial in C.C.No.2140 of 2016, on the file of the learned Metropolitan Magistrate No.IV, George Town, Chennai - I. Therefore non bailable warrant came to be issued on 14.11.2018.

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. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the undertaking given by the petitioner, the petitioner is directed to appear before the learned Metropolitan Magistrate No.IV, George Town, Chennai - I, within a period of two weeks from today and to 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.

s/d- Assistant Registrar(J) True Copy Sub-Assistant Registrar kal To 1.The Metropolitan Magistrate No.IV, George Town, Chennai - I.

2.The Inspector of Police (L & O), C-3, Police Station, Seven Wells, Chennai - 600 079 3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.2794 of 2019 SP(18/02/2019) https://hcservices.ecourts.gov.in/hcservices/