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Madras High CourtCRL OP/6955/2021disposed of

M/S.Slv Auto Financiers v. The Superintendent Of Police

2021-04-09Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.04.2021

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P No.6955 of 2021 M/s.SLV Auto Financiers Rep.by its Managing Partner-Srinivasan 24, Kosa Annamalai Street, Gudiyattam 632 602 Vellore District.

...Petitioner

Vs.

1.The Superintendent of Police Vellore District Vellore and District.

2.The Inspector of Police Kolar District, Kolar, Karnataka State.

3.The Inspector of Police Mulbagal P.S., Karnataka State.

4.Sardar Basha

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to issue direction to the respondents 1 and 2 herein to enforce the Warrant of Arrest dated 02.11.2019 issued by the Judicial Magistrate, Gudiyatam, Vellore District, in C.C.No.6 of 2016 by directing the third respondent to execute the same against the fourth respondent and produce him before the Judicial Magistrate Court, Gudiyattam, within a time fixed by this Court. For Petitioner : Mr.K.A.Ravindran For Respondents: Mr.M.Mohamed Riyaz for R1 to R3 Additional Public Prosecutor

ORDER

This petition has been filed seeking for a direction to the respondents 1 and 2 herein to enforce the Warrant of Arrest dated 02.11.2019 issued by the Judicial Magistrate, Gudiyatam, Vellore District, in C.C.No.6 of 2016 by directing the third respondent to execute the same against the fourth respondent and produce him before the Judicial Magistrate Court, Gudiyattam.

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2. The petitioner is arrayed as accused in C.C.No.6 of 2016 on the file of the learned Judicial Magistrate, Gudiyattam, Vellore District, for the offences punishable under Section 138 of the Negotiable Instruments Act.

3. The petitioner was absent during the trial in C.C.No.6 of 2016, on the file of the learned Judicial Magistrate, Gudiyattam, Vellore District. Therefore warrant of arrest came to be issued on 02.11.2019.

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 Judicial Magistrate, Gudiyattam, Vellore District, 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 complete the proceedings in C.C.No.6 of 2016 as expeditiously as possible.

6. Accordingly, the Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar dna To 1.The Judicial Magistrate, Gudiyatta, Vellore District.

2.The Superintendent of Police Vellore District Vellore and District.

3.The Inspector of Police Kolar District, Kolar, Karnataka State.

4.The Inspector of Police Mulbagal P.S., Karnataka State.

5. The Public Prosecutor,High Court, Madras.

CRL.O.P No.6955 of 2021 A.SK(09.06.2021) https://hcservices.ecourts.gov.in/hcservices/