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Madras High CourtCRL RC(MD)/533/2017disposed of

Ajay Kumar Bishnoi v. M/S.Cjp Industries

2017-07-11Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2017 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.R.C (MD) No.533 of 2017 in CRL.M.P.Nos.5954 and 5955 of 2017 Ajay Kumar Bishnoi .. Petitioner Vs.

M/s.CJP Industries, W 166 and 167, Sidco Industrial Estate, Valavandhankottai, Trichy - 620 015.

... Respondent Petition filed under Sections 397 read with 401 Cr.P.C, to call for the entire records pertaining to the impugned order dated 15.05.2017 passed in Crl.M.P.No.3115 of 2017 in C.C.No.251 of 2015 by the Judicial Magistrate No.II, Tiruchirapalli and set aside the same by allowing the above petition.

For Petitioner : Mr.Nithyaesh Natraj For Respondent : Mr.T.Leninkumar

ORDER

Challenging the order, dismissing the application filed under Section 70(2) Cr.P.C., to recall the warrant, the present Criminal Revision Case has been filed.

2.The petitioner is the second accused in a private complaint filed under Section 138 of the Negotiable Instruments Act, 1881, in C.C.No.251 of 2015 on the file of the Judicial Magistrate No.II, Tiruchirapalli. Since there was no appearance on the side of the petitioner/A2 before the trial Court on 31.11.2016, the trial Court has issued non bailable warrant against him on the same day. Thereafter, the petitioner has filed an application to recall the warrant. The Court below has dismissed the same. Challenging the dismissal order, the present Criminal Revision Case has been filed.

3.Heard Mr.Nithyaesh Natraj, learned counsel for the petitioner and Mr.T.Leninkumar, learned counsel for the respondent.

4.The learned counsel for the petitioner submitted that due to old age, the petitioner did not appear before the Court and now he is ready and willing to cooperate with the trial. https://hcservices.ecourts.gov.in/hcservices/

5.Considering the submission made by the learned counsel for the petitioner, the petitioner is directed to appear before the trial Court on 24.07.2017 and file an application to recall the warrant. On receiving such application, the trial Court is directed to recall the non bailable warrant. The trial Court is also directed to conduct trial and dispose of C.C.No.251 of 2015 within a period of three months from the date of receipt of a copy of this order and the petitioner is directed to appear before the trial Court without fail for all the hearing. It is made clear that if the petitioner failed to comply with the above condition, the trial Court is at liberty to issue non bailable warrant and take necessary action.

6.With the above direction, this Criminal Revision Case is disposed of. Consequently, Crl.M.P(MD)Nos.5954 and 5955 of 2017 are closed.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate No.II, Tiruchirapalli.

2.The Chief Judicial Magistrate, Trichy +1cc to Mr.Nithyaesh Natraj, Advocate Sr.No.65162 +1cc to Mr.T.Leninkumar, Advocate Sr.No.64867 MJ VB/SKN-RSK/SAR3/20.07.2017/2P/5C Crl.R.C(MD)No.533 of 2017 11.07.2017 https://hcservices.ecourts.gov.in/hcservices/