V.Senthilkumar v. Ramakrishnan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.07.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P.(MD)No.12654 of 2015 1.V.Senthil Kumar 2.S.Gajendran ... Petitioners Vs.

Ramakrishnan ... Respondent PRAYER : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 to direct the learned Judicial Magistrate, Melur to re-call the Non-Bailable Warrant dated 25.10.2013 in S.T.C.No.703 of 2011.

For Petitioners : Mr.V.Santha Kumaresan For Respondent : Mr.K.Anbarasan Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the learned Judicial Magistrate, Melur to re-call the Non-Bailable Warrant dated 25.10.2013 in S.T.C.No.703 of 2011.

2. Heard the learned counsel appearing for the petitioners.

3. Seeking to re-call the warrant, the petitioners have filed this Criminal Original Petition.

4. The petitioners are arrayed as accused Nos.1 and 2 in S.T.C.No.703 of 2011 under Section 138 of the Negotiable Instruments Act. Due to nonappearance, the petitioners have been issued Non-Bailable Warrant.

5. The learned counsel appearing for the petitioners submitted that the petitioners would co-operate with the trial and appear before the trial Court regularly.

6. Considering the facts and circumstances of the case and also especially the fact that the proceedings can either be summons case or summary in nature, this Court is inclined to direct the learned Judicial Magistrate, Melur to re-call the Non-Bailable Warrant. The petitioners will have to co-operate with the trial.

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7. With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate, Melur.

+1cc to M/S.V.Santha Kumaresan, Advocate in SR.No 37878 TS/ 10.07.2015/2P - 3C Crl.O.P.(MD)No.12654 of 2015 08.07.2015 https://hcservices.ecourts.gov.in/hcservices/