Durai Srinivasan v. Sree Gokul Chit And Finance Company Pvt Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.04.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.OP.No.7355 of 2021 Durai Srinivasan ... Petitioner
Versus
Sree Gokulam Chit and Finance Company Pvt.Ltd., Rep.by its Business Manager and Law Officer, 6/7, V.R.Complex Mothilal Street, Thiruvallur Town and District. ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Fast Track Judge (Magistrate Level), Thiruvallur to recall the non-bailable warrant issued dated 30.12.2020 against the petitioner in C.C.No.27 of 2014.
For Petitioner : Mr.G.Jeremiah
ORDER
This Criminal Original Petition has been filed to direct the learned Fast Track Judge (Magistrate Level) Tiruvallur to recall the non-bailable warrant issued against the petitioner in C.C.No.27 of 2014.
2. The petitioner, who is the sole accused in C.C.Nos.24, 27 & 34 of 2014 which are pending before the Fast Track Judge (Magistrate Level) Tiruvallur, had filed this petition seeking a direction to recall the Non-bailable Warrant issued against him in C.C.No.27 of 2014 on 30.12.2020.
3. The contention of the learned counsel for the petitioner is that the petitioner/accused is an aged person and he is residing near Arakonam. The petitioner/accused appearance before the trial court was dispensed with and the Advocate has also not appeared before the trial Court. He also submitted that quash petitions were filed before this Court in Crl.O.P.Nos.19312 to 19314 of 2014 and this Court by order dated 12.12.2020 has disposed of the Criminal Original Petitions and dispensed with the appearance of the petitioner/accused. On
30.12.2020, the complainant was absent before the trial court and petition under Section 256 of Cr.P.C., was filed and allowed. As per the order dated 12.12.2020, this Court directed the trial court to expedite the trial and complete the same as early as possible and also ordered that the order will not stand on the way of the trial Court to insist for the appearance of the petitioner for receiving copies under Section 207 of Cr.P.C., framing of charges, questioning under Section 313 Cr.P.C and judgment and as and when the trial Court feels it necessary. The specific contention of the learned counsel for the petitioner is that due to Covid-19, he was unable to contact his counsel and hence, he was not aware of the hearing date and hence, he has not appeared before the trial Court and the trial Court had issued Non-Bailable Warrant against him on 30.12.2020. Hence, he filed the above Criminal Original Petition for recalling the said Non-Bailable Warrant.
4. The respondent/complainant is a chit and a Finance Company. The petitioner approached him and had taken a chit amount and for the interest and liability, he had issued cheques and the cheques got dishonored. Further, the petitioner/accused conveniently closed his account. Thereafter, statutory notice was issued and an untenable reply was received from the accused. The Calender Case is of the year 2013 and for the past 7 years, the case has been kept pending for one reason or other.
5. Considering the submissions and on a perusal of the materials, it is seen that the Calender Case is of the year 2013 and the case is pending before the Fast Track Judge (Magistrate Level) Thiruvallur for more than 7 years. The petitioner had filed the quash petitions in the year 2014, which were disposed of with certain directions and since the case was periodically adjourned before the trial Court, they were disposed of only on 12.12.2020, and thereafter the trial Court, on 30.12.2020, recorded the observations of this Court in the quash petition. The respondent/complainant was ready before the trial Court along with the proof affidavit and no one represented the accused before the trial Court and the learned counsel for the accused was not present.
Since both of them were not available, notice was taken to the petitioner for his appearance and the petitioner has not received the notice and the notice was returned as 'unclaimed'. After giving several adjournments, the trial Court issued NBW against the accused. The trial Court is empowered to issue NBW so that the accused can be produced before the trial Court. Either the accused or his counsel should participate in the trial and if both of them have not appeared before the trial Court, the trial Court has got powers to issue NBW, and in this case, only after issuance of notice, NBW was issued.
6. In view of the same, this Court finds that the issuance of NBW is absolutely right. The prayer sought for by the petitioner has to be granted only by the trial Court taking into consideration of the case and not by this Court. Without approaching the trial Court, the petitioner has approached this Court and at this stage, this Court is not inclined to entertain the petition. The lower court may consider the petition filed by the petitioner under Section 317 of Cr.P.C. liberally.
7. Accordingly, this Criminal Original Petition is dismissed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mbi To The Fast Track Court (Magistrate Level), Thiruvallur.
+1cc to M/s.G.Jeremiah, Advocate Sr.24186 Crl.OP.No.7355 of 2021 ln[co] srg 18/06/2021