A.V.Saravanan v. Ashok Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 31.10.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.25368 of 2018 A.V.Saravanan .. Petitioner Vs Ashok Kumar .. Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the learned Judicial Magistrate, Vellore to accept the surrender and consider the recall warrant petition to be filed by the petitioner to recall the warrant dated 24.05.2018 passed in STC No.585 of 2015. For Petitioner: Mrs.S.P.Arthi

O R D E R

The petitioner is accused in STC No.585 of 2015 pending on the file of the Judicial Magistrate, Arcot, Vellore District for the offence under Section 138 of the Negotiable Instruments Act. 2.The complainant has filed his proof affidavit and since the petitioner did not appear before the Trial Court on 24.05.2018, a Non-Bailable Warrant has been issued against him. Under such circumstances, the petitioner is before this Court with the above prayer.

3.Heard the learned counsel for the petitioner who submitted that the warrant may be recalled.

4.This Court directs the petitioner to deposit 50% of the cheque amount, Rs.50,000/- (Rupees Fifty Thousand Only) to the credit of STC No.585 of 2015 before the Trial Court, within a period of four (4) weeks from the date of receipt of a copy of this order and thereafter if he surrenders, the surrender application may be considered on the same day, in the light of the law laid down by this Court in Pillapan @ Ravikumar Vs. State rep. By Inspector of Police, West Police Station, Kumbakonam, Thanjavur District [2018 (2) MLJ (Crl.) 502]. https://hcservices.ecourts.gov.in/hcservices/

With the above direction, this petition is closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To 1.The Judicial Magistrate, Vellore.

2.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.25368 of 2018 rk[co] srg 28/11/2018 https://hcservices.ecourts.gov.in/hcservices/