Venkatappa Munireddy And ORS. v. Ecl Finance Limited And ANR.

NB 10.03.2022 CRR 519 of 2022 In the matter of:- Venkatappa Munireddy & Ors. .....petitioners. Ct. No. 39 Mr. Saptarshi Dutt.

....for the petitioners.

Mr. Arijit Ganguly, Mr. S. K. Pan.

...for the State.

This is an application challenging a warrant of arrest issued against the petitioners in a proceeding under Section 25 of the Payment and Settlement Systems Act, 2007.

Affidavit of service filed on behalf of the petitioners is taken on record.

Despite service, no one appears on behalf of the complainant/opposite party.

Learned Counsel appearing on behalf of the petitioners submits as follows. The petitioner is an accused in this case. The offence alleged is a bailable one. On 27.07.2021, summons was issued against the accused/ petitioner. Although the same was served upon the petitioner, on 01.12.2021 i.e., the next date fixed for hearing before the learned Trial Court, the petitioner could not appear or take any step due to his illness. He has relied on documents regarding his illness. He has recovered from the same and wants to join the proceeding at the earliest. Learned counsel for the State submits that the petitioner should surrender before the learned Trial Court at the earliest. I have heard the submissions of the learned Counsels appearing on behalf of the petitioners and the State and have perused the revision petition.

It appears that for the inability to attend the Court on a single

occasion, a warrant of arrest was issued against the petitioner in the instant complaint case.

The petitioner is directed to surrender before the learned Trial Court within four weeks from this date.

The warrant of arrest issued against the petitioner shall remain stayed for a period of four weeks from this date. In the event the petitioner surrenders before the learned Trial Court within such time and prays for bail, his application for bail shall be considered in accordance with law.

With these observations, the revisional application is disposed of. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.)