MR. HARIDAS SALIAN Vs. SMT. RAMA R. SHETTY

JUDGEMENT

(1.) Issuance of notice to respondent is dispensed with, since no order prejudicial to the interest of respondent is being passed in this petition.

(2.) Heard, Sri. Prasanna V.R., learned counsel appearing for petitioner. Perused the order under challenge dated 23.02.2018 passed in C.C. No. 636/2017, where under application filed by the petitioner/accused under section 70(2) of Cr.P.C., 1973 for recall of non-bailable warrant issued, has been rejected on the ground of absence of accused.

(3.) Respondent herein has initiated proceedings against the petitioner/accused by filing a complaint under section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as 'NI Act' for short), alleging that respondent/accused has committed an offence punishable under section 138 of NI Act. Summons issued to the petitioner/accused was not served. As such learned Magistrate by order dated 07.12.2017 has issued non-bailable warrant to the accused. Thereafter, on 23.02.2018 accused having come to know about warrant having been issued against him, filed an application under section 70(2) of Cr.P.C., 1973 for recall of the warrant. However, learned Magistrate on the premise that accused is not present when the application is taken-up for consideration, has rejected the said application.