Madras High CourtCRL OP/3797/2017ordered

Dinesh Meganathan, Aged 44 Yrs v. Suresh Kumar, Aged 44 Yrs,

2017-02-24Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2017

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM CRL.OP.No.3797 of 2017 Dinesh Meganathan .. Petitioner Vs

1. Suresh Kumar

2. State Rep. by its Inspector of Police Kothagiri Police Station, Nilgiris District.

.. Respondents Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the learned Judicial Magistrate, Kothagiri, Nilgiris District to accept the surrender of the petitioner and consider the warrant recall application filed by the petitioner in connection with the above S.T.C.No.337 of 2016 on the same day. For Petitioner : Mr.C.Mohan Raj For R2 : Mr.C.Emalias Additional Public Prosecutor

O R D E R

The petitioner, who is the sole accused in a private complaint filed by the 1st respondent before the Judicial Magistrate, Kothagiri in S.T.C.No.337 of 2016, has filed this petition seeking direction to the learned Judicial Magistrate to consider his re-call application on the same day.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the 2nd respondent and perused the records.

3. The learned counsel appearing for the petitioner would submit that the private complaint was filed in the year 2016, on the allegation that a cheque issued by the petitioner of the value of Rs.2,05,000/- got dis-honoured. He further submits that the petitioner was absent only for one hearing i.e. on 10.01.2017 and hence a Non-bailable warrant was issued against him for his nonappearance before the trial Court. But, he is ready to co-operate for completion of the trial.

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4. Considering the above fact, the learned Judicial Magistrate, Kothagiri is directed to consider the petition for recall of the non-bailable warrant issued in S.T.C.No.337 of 2016 on the same day.

Accordingly, this petition is ordered.

mk Sd/- Assistant Registrar (CS II) /TRUE COPY/ Sub-Assistant Registrar To

1. The Judicial Magistrate, Kollakurichi, Nilgiris.

2. The Inspector of Police Kothagiri Police Station, Nilgiris District.

3. The Public Prosecutor High Court, Madras.

+1 CC to Mr.C.Mohan Raj Advocate SR.NO.12421 CRL.OP.No.3797 of 2017 LRS[CO] MK:08/03/2017 https://hcservices.ecourts.gov.in/hcservices/