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Rajasthan High Court · body

2016 DIGILAW 348 (RAJ)

Suresh Chandra v. State

2016-03-01

VIJAY BISHNOI

body2016
JUDGMENT : Vijay Bishnoi, J. 1. These Criminal Misc. Petitions under Section 482 Cr.P.C. are filed by the petitioner challenging various order sheets passed by the Special Judicial Magistrate, N.I. Act Cases No. 1, Bhilwara, Special Judicial Magistrate, N.I. Act Cases No. 2, Bhilwara and Judicial Magistrate, Gangrar, District Chittorgarh in various proceedings pending against the petitioner under Section 138 of Negotiable Instrument Act initiated at the instance of different complainants. 2. The petitioner has failed to appear before the above mentioned courts in the said proceedings on different dates and, therefore, the said courts have ordered for issuance of arrest warrants against the petitioner and have also ordered for initiation of proceedings against the petitioner under Sections 446 and 82 and 83 Cr.P.C. 3. Learned counsel for the petitioner has submitted that the summons, issued by the above mentioned courts for appearance of the petitioner in the proceedings under Section 138 of Negotiable Instrument Act, have not been served upon the petitioner in proper manner and, therefore, he could not put his appearance before the courts below. It is prayed that arrest warrant issued against the petitioner by the above mentioned courts may kindly be set aside and the petitioner may be granted one opportunity to appear before the said courts in the proceedings pending against him under Sections 138 of the Negotiable Instrument Act. 4. Heard learned counsel for the petitioner and perused the order sheets passed by the courts below. 5. It is noticed that in some of the proceedings, the petitioner has not even put his appearance even once, despite service of summons upon him and the arrest warrants issued against him have also not been served upon him and, therefore, the court below have declared the petitioner as absconder and ordered for issuance of the proceedings under Sections 82 and 83 Cr.P.C. In some of the proceedings, the petitioner has put his appearance before the trial court and later on remained absent from the proceedings without any sufficient cause, therefore, the courts below were forced to cancel the bail already granted to him and ordered for issuance of warrant of arrest to secure his presence in the said proceedings. It is noticed that some of the proceedings are pending in the courts since 2009. 6. It is noticed that some of the proceedings are pending in the courts since 2009. 6. Looking to the conduct of the petitioner of not putting his appearance before the trial court without any sufficient cause, it is clear that the petitioner anyhow wants to delay the proceedings pending against him under Section 138 of the Negotiable Instrument Act. Learned counsel for the petitioner has also failed to satisfy this Court that the summons issued by the various courts below have not been properly served upon him. 7. Hence, in such circumstances, I am not inclined to grant any relief as prayed for by the petitioner in these Criminal Misc. Petitions. The same are, therefore, dismissed. The stay petitions also stand dismissed.