Madras High CourtCRL OP/14165/2019disposed of

G.Kalayappan v. The Inspector Of Police

2019-06-06Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.06.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.14165 of 2019 G.Kalayappan

...Petitioner/Accused

-Vs1. The State, Represented by Inspector of Police, Mambalam Police Station, Chennai 600 017.

..1st respondent

2. K.Tamilselvan, ...2nd Respondent/Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the learned Judicial Magistrate Fast Track Court- 1, Ambattur to consider the petition to be filed by the petitioner under Section 70(2) of Cr.PC to recall the non-bailable warrant issued against the petitioner on 08.03.2019 and to consider on the same day due surrender the petitioner with solvent sureties in CC No.127 of 2017 pending on the file of learned Judicial Magistrate (F.T.C1), Ambattur. For Petitioner : Mr.K.Shivakumar For respondent : Mr.C.Raghavan Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to recall the non bailable warrant issued by the learned Judicial Magistrate Fast Track Court- 1, Ambattur by order dated 08.03.2019 against the petitioner in C.C.No.127 of 2017.

2. The petitioner is arrayed as accused in C.C.No.127 of 2017, on the file of the learned I Judicial Magistrate Fast Track Court- 1, Ambattur, for the offences punishable under Section 138 of Negotiable Instruments Act.

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3. The petitioner was absent during the trial in C.C.No.127 of 2017, on the file of the learned Judicial Magistrate Fast Track Court- 1, Ambattur. Therefore non bailable warrant came to be issued on 08.03.2019.

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 Fast Track Court- 1, Ambattur, 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.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Judicial Magistrate Fast Track Court- 1, Ambattur.

2. The Inspector of Police, Mambalam Police Station, Chennai 600 017.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Shivakumar, Advocate Sr.45158 Crl.O.P.No.14165 of 2019 sv[co] srg 7/6/2019 https://hcservices.ecourts.gov.in/hcservices/