N VEERABHADRIAH Vs. STATE

JUDGEMENT

(1.) Petitioner herein who is the only accused in C.C. No. 110 of 2010 (PCR No. 56 of 2009), pending on the file of the learned Civil Judge (Junior Division) and Judicial Magistrate First Class, Challakere has sought for setting aside of the order dated 1.3.2010, passed in the said cased issuing NBW against him.

(2.) Though this matter is listed today for admission, having regard to the nature of the relief sought for, it is taken for final disposal. Heard the arguments of Sri M.P. Srikant, the learned Counsel for the petitioner-accused and Sri Vijay Kumar Magaje, the learned High Court Government Pleader for respondent 1 and Sri Patel D. Karegowda, the learned Counsel for the second respondent.

(3.) On the basis of the complaint filed by the second respondent herein, the learned Magistrate issued process against the petitioner-accused for the offence punishable under Sections 417, 419, 420, 465, 469 and 506 of the Indian Penal Code, 1860. On 21-1-2010, the learned Magistrate passed order issuing summons to the petitioner-accused returnable by 29-1-2010. Before the said date fixed for appearance of the accused, the case came to be advanced at the instance of the second respondent-complainant on 1-3-2010, on which date, the learned Magistrate passed the impugned order issuing NBW against the petitioner-accused.