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2012 DIGILAW 1448 (RAJ)

Virendra Kumar v. Virendra Kuma

2012-06-18

SANGEET LODHA

body2012
JUDGMENT 1. - This criminal miscellaneous petition is directed against order dated 6.6.1012 of Additional Sessions Jude (F.T.) No. 1, Hanumangarh, whereby a revision petition preferred byte petitioner herein against the order dated 5.5.2012 of the Judicial Magistrate, First Class, Hanumangarh in Criminal Case No. 572/07 refusing to convert standing arrest warrant into bailable warrant, stands rejected as not maintainable. 2. The respondent No. 2 filed a complaint under section 138/142 of the Negotiable Instruments Act (in short "the Act") against the petitioner the learned Trial Court took cognizance for offence under section 138 of the Act and summoned the petitioner. Despite service of the summon, the petitioner did not appear before the Trial Court and therefore, vide order dated 11.6.2009, he was summoned by arrest warrant. On account of non-service of the arrest warrant on the petitioner, vide order dated 2.4.2012, the Trial Court declared the petitioner absconder and while issuing standing arrest warrant, initiated proceedings under sections 82 and 83, Criminal Procedure Code against him. 3. The petitioner preferred an application under section 70 (2), Criminal Procedure Code before the Trial Court for converting the standing arrest warrant issued into bailable warrant. However, after due consideration, the application was rejected by the Trial Court vide order dated 5.5.2012. Aggrieved thereby, a revision petition preferred by the petitioner also stands rejected by the Additional Sessions Judge (F.T.) No. 1, Hanumangarh. Hence, this petition. 4. Learned Counsel for the petitioner submits that after service of the summon, the Trial Court was not justified in straight away issuing arrest warrant without issuing bailable warrant. It is submitted that the petitioner was out of station for the business purpose and therefore, he could not appear before the Trial Court on the date fixed. It is submitted that the petitioner is ready to appear before the Trial Court. Learned Counsel contended that timely disposal of the trial is possible only after appearance of the petitioner and therefore, on the facts and circumstances of the case, the arrest warrant deserves to be converted into bail-able warrant. 5. Having regard to the facts and circumstances of the case, in the interest of justice, this Court considered it appropriate to convert the standing arrest warrant into bailable warrant. 6. 5. Having regard to the facts and circumstances of the case, in the interest of justice, this Court considered it appropriate to convert the standing arrest warrant into bailable warrant. 6. Accordingly, this criminal miscellaneous petition is disposed of with the direction that the arrest warrant issued by the Trial Court shall stand converted into bailable warrant in the sum of T 20,000/-. The petitioner shall appear and submit the bail bond in terms of this order before the Trial Court on or before 27.6.2012. If the petitioner appears before the Trial Court on the date fixed by this Court as aforesaid, the proceedings initiated under sections 82 and 83, Criminal Procedure Code shall stand dropped. However, it is made of clear that in the event of non-appearance of the petitioner before the Trial Court in terms of this order on the date fixed as aforesaid, the order impugned passed by the Trial Court shall stand restored.Petition Disposed Of. *******