Madras High CourtCRL OP/7604/2017disposed of

P.Karnan, Aged 49 Years, v. C.Kulasekaran,

2017-04-19Honourable Mr Justice C. T. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.04.2017

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.O.P.No.7604 of 2017 P.Karnan, S/o.Pizhaiporuthan .. Petitioner Vs C.Kulasekaran ..

Respondent PRAYER: Criminal Original Petition filed under section 482 of Criminal Procedure Code praying to direct the concern Magistrate to consider the surrender of the petitioner and recall petition on the same day in C.C.No.2055 of 2015 on the file of the learned Metropolitan Magistrate (FTC No.II), Allikulam, Chennai. For Petitioner :

Mr.C.Samivel

ORDER

This petition has been filed under section 482 Cr.P.C, seeking for a direction to learned Metropolitan Magistrate (FTC No.II) Allikulam, Chennai to accept the surrender of the petitioner and consider the petition for recall of Non Bailable Warrant on the same day in connection with C.C.No.2055 of 2015.

2. The petitioner faced prosecution for offence under Section 138 of the Negotiable Instruments Act in C.C.No.2055 of 2015, on the file of learned Metropolitan Magistrate (FTC No.II), Allikulam, Chennai.

3. Trial Court under judgment dated 22.03.2017, has directed the petitioner to pay a sum of Rs.2 lakhs towards compensation within a month. As the petitioner and his counsel were not present before the Court on such date, Court below has issued a Non Bailable Warrant against the petitioner. Challenging the same, the present petition has been filed.

4. Heard learned counsel for petitioner.

5. Considering the submissions made, this Court considers it appropriate to direct learned Metropolitan Magistrate (FTC https://hcservices.ecourts.gov.in/hcservices/

No.II), Allikulam, Chennai to accept the surrender of the petitioner and consider the petition for recall of Non Bailable Warrant on the same day.

6.With this direction, the petition is disposed of. Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar vsm To The Metropolitan Magistrate (FTC No.II), Allikulam, Chennai.

+1cc to M/S. C. Samivel, Advocate Sr. 23713 Crl.O.P.No.7604 of 2017 MP(CO) VR(24/4/2017) https://hcservices.ecourts.gov.in/hcservices/