Madras High CourtCRL OP(MD)/858/2020disposed of

Fr.Maria Arputham v. T.Mahesh

2020-01-22Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.(MD)No.858 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD)No.858 of 2020 Fr. Maria Arputham ... Petitioner Vs

1. T. Mahesh

2. Fr. Joseph Sundaram ... Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C., to direct the learned Judicial Magistrate No.I, Kuzhithurai, Kanyakumari District to set aside the order of Non Bailable Warrant and recall the same issued in STC No. 1278 of 2015 dated 16.08.2017 insofar as the petitioner is concerned.

For Petitioner : Mr.S.Xavier Rajini

ORDER

This petition has been filed to direct the learned Judicial Magistrate No.I, Kuzhithurai, Kanyakumari District to set aside the order of Non Bailable Warrant and recall the same issued in STC No. 1278 of 2015 dated 16.08.2017 insofar as the petitioner is concerned 2.The learned counsel appearing for the petitioner would submit that the petitioner is a accused facing trial in STC No.1278 of 2015 for the offences under Sections 138 of the Negotiable Instrument Act. He would further submit that originally the case was taken on file in STC No. 557 of 2013 on the file of the learned Judicial Magistrate No.I, Kuzhithurai , Kanyakumari District. Thereafter due to want of jurisdiction the case was transferred to the file of the learned Judicial Magistrate, Neyatthinkara, Kerala State. Again the case was transferred to the present court on 29.02.2019 and renumbered as STC No.1278 of 2015 and without any summons being issued by the learned Magistrate, Non Bailable Warrant has been issued against the petitioner on 16.08.2017.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. 4.At this Juncture, the learned counsel appearing for the petitioner would submit that the petitioner is prepared to surrender before the trial Court and cooperate with the progress of the trial. 5.Taking into consideration the submission made by the learned counsel for the petitioner, the petitioner is directed to surrender https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.858 of 2020 before the learned Judicial Magistrate No.I, Kuzhithurai, Kanyakumari District on the next hearing date. On such surrender, the learned Judicial Magistrate No.I, Kuzhithurai, Kanyakumari District, shall consider the application for recalling the NonBailable Warrant on the same day of his surrender and pass orders in accordance with law.

6.In the result, this Criminal Original Petition stands allowed.

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS ) aav To The Judicial Magistrate No.I, Kuzhithurai, Kanyakumari District +1 CC to Mr.S.XAVIER RAJINI, Advocate ( SR-2448[F] dated 22/01/2020 ) Crl.O.P.(MD)No.858 of 2020 22.01.2020 MK (30.01.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2