K.Murugesan v. Lakshmi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI K.Murugesan ... Petitioner Vs.

Lakshmi ... Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Judicial Magistrate, Papanasam to consider the warrant recall petition filed by the petitioner on the same day of his surrender in STC.No.248 of 2021 dated 15.03.2024.

For Petitioner : Mr.N.Ranjith

ORDER

This criminal original petition has been filed todirect the learned Judicial Magistrate, Papanasam to consider the warrant recall petition filed by the petitioner on the same day of his surrender in STC.No.248 of 2021 dated 15.03.2024.

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2.The case of the petitioner is that he is an accused in STC.No.248 of 2021, on the file of the learned Judicial Magistrate, Papanasam. The said case was registered for the offence under Section 138 of the Negotiable Instruments Act. When the said case was posted for hearing on 15.03.2024, the petitioner failed to appear before the Court below and hence, the learned Judicial Magistrate, Papanasam has issued warrant as against him. According to the petitioner, his absence is neither willful nor wanton. Further, he is ready to appear before the Court below and co-operate with the trial.

3.Since the petitioner is having alternative remedy under Section 70(2) Cr.P.C., this Court is not inclined to entertain this petition. Accordingly, this criminal original petition is dismissed. 15.07.2024 NCC : Yes/No Index : Yes/No Internet:Yes gns 2/4

To The Judicial Magistrate, Papanasam 3/4

B.PUGALENDHI,J gns 15.07.2024 4/4