Madras High CourtCRL OP(MD)/5295/2021closed

Neethimani v. Arunkumar

2021-04-16Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.5295 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.04.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.5295 of 2021

1. Neethimani

2. Mrs.Menaka ... Petitioners/Accused Vs.

Arunkumar ... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to issue necessary direction to recall the non-bailable warrant issued in STC.No.6 of 2021, dated 30.03.2021, on the file of Judicial Magistrate No.1, Ramanathapuram. For Petitioner : Mr.S.Prabakaran for M/s.MA.Gowthaman, learned Senior counsel.

For Respondents : No appearance

ORDER

This petition is filed seeking a direction to recall the nonbailable warrant issued in STC.No.6 of 2021 dated 30.03.2021.

2. According to the learned counsel for the petitioner, criminal proceedings has been initiated by the respondent in the above said case before the trial Court under Section 138 of Negotiable Instrument Act. On 19.03.2021 he appeared before the Judicial Magistrate-I, Ramanathapuram, he was directed to execute a bond for Rs.20,000/- along with two sureties on 30.03.2021.

3. According to the learned counsel for the petitioner, a petition under 317 of Cr.P.C. has been filed seeking for extension of time to produce the sureties on 30.03.2021. But that was dismissed by the Court and NBW was issued, against which this petition filed.

4. Considering the facts and circumstances of the case, I am of the considered view that there shall be a direction to the petitioner to comply the order within 15 days from the date of receipt of a copy of this order before the trial Court. On compliance of the order, the warrant issued by the trial Court shall stand recalled.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.5295 of 2021

5. With these directions, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) kmm Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To The Judicial Magistrate No.1, Ramanathapuram.

+1 CC to M/s.MA.GOWTHAMAN, Advocate ( SR-16400[F] dated 19/04/2021 ) Crl.O.P.(MD)No.5295 of 2021 16.04.2021 KK(16.06.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2