JASPAL SINGH Vs. ANIL

JUDGEMENT

(1.) Heard Sri Shadab Hasansab Yadawad, learned counsel for the petitioner and Sri Jagadish Patil, learned counsel for the respondent at the stage of admission itself and perused the records.

(2.) This petition is filed under Sec. 482 of Cr.P.C. with the following prayer :-

(3.) The brief facts of the case are as under :- The Petitioner is prosecuted for the offence punishable under Sec. 138 of the Negotiable Instruments Act, which is now pending in C.C.No.608/2020 on the file of VII Additional Judicial Magistrate First Class, Belagavi. On account of non- appearance of the accused, the learned trial Magistrate issued non-bailable warrant to secure his presence and posted the matter for appearance on 17/6/2022. In the meantime, the accused filed an application before learned trial Magistrate that the warrant issued be recalled and the case came to be pre-poned to 4/6/2022. On that day, the complainant and his counsel were present, but the accused and his counsel were absent and as such, noting the absence of the accused, learned trial Magistrate rejected the application filed under Sec. 70(2) of Cr.P.C.