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Madras High CourtCRL OP/17725/2023disposed of

R.Sekar v. Umar Basha

2023-08-08Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.17725 of 2023 R. Sekar .. Petitioner Vs.

Umar Basha ..Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to recall the Non Bailable Warrant issued against the petitioner in S.T.C No.299 of 2013 dated 26/05/2017 on the file of the Judicial Magistrate No.I, Krishnagiri.

For Petitioner : Mr.B. Karthikeyan For Respondents : Mr.A.Damodaran Additional Public Prosecutor

O R D E R

This petition has been filed for recalling the non-bailable warrant issued by the Court below in STC No.299 of 2013 on 26.05.2017. 1/4

2.The petitioner is facing a complaint filed by the respondent for offence under Section 138 of the Negotiable Instruments Act. Due to the non-appearance of the petitioner, non-bailable warrant was issued by the Court below on 26.05.2017 and till date, the same has not been executed against the petitioner. 3.Considering the facts and circumstances, there shall be a direction to the petitioner to deposit a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) before the Court below to the account of STC No.299 of 2013 on or before 21.08.2023. Thereafter, the petitioner shall move an application to recall the non-bailable warrant before the Court below and the Court below after ensuring that the amount has been deposited by the petitioner, shall pass orders on the same day.

If the petitioner does not deposit the amount, it is left open to the Court below to proceed further with the nonbailable warrant issued against the petitioner. There shall be a further condition that the petitioner will appear before the Court below during every hearing date and the Court below will complete the proceedings in STC No.299 of 2013, within a period of two months from the date of receipt of copy of this order.

4.This criminal original petition is disposed of with the above directions. 08.08.2023 Index : Yes/No Internet : Yes/No ssr Note: Issue Order Copy on 11.08.2023 To 1.The Judicial Magistrate No.I, Krishnagiri.

2.The Public Prosecutor High Court of Madras, Madras.

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N.ANAND VENKATESH, J ssr Crl.O.P.No. 17725 of 2023 08.08.2023 4/4