GUNAVENKATARAMANE GOWDA Vs. N.S. VIJAYAKUMAR

JUDGEMENT

(1.) This is a classic case of injustice having been perpetrated on petitioner is continued by judicial process and facts narrated herein below is a mirror to the said fact. No notice is issued to respondent, since no order adverse to the interest of respondent is being passed. Hence, same stands dispensed with.

(2.) Respondent herein has filed a complaint under Section 200 of Cr.P.C., alleging that petitioner has committed an offence punishable under Section 138 of Negotiable Instruments Act, 1881.

(3.) Learned jurisdictional Magistrate after registering the said complaint has recorded the sworn statement on 31/08/2015 and ordered for issuance of summons to accused. Order sheet of the trial Court would disclose that summons was duly served on the accused and he remained absent and as such, Non Bailable Warrant (NBW) came to be issued on 30/09/2015. Warrant has duly executed and accused was produced before the learned Magistrate on 05/11/2015 and on an application filed under Section 436 of Cr.P.C., learned Magistrate has enlarged the accused on bail on his execution of bail bond for a sum of Rs.50,000/- with a surety for the likesum. Surety offered also came to be accepted and matter came to be adjourned to 19/11/2015. Subsequently, on 19/11/2015 and on 10/12/2015 exemption application filed on behalf of accused has been allowed and the matter came to be adjourned to 16/01/2016. Thereafter, accused seems to have remained absent and as such by order dated 11/01/2019 NBW was issued against accused and notice to surety came to be issued and adjourned the matter to 01/02/2019. Order sheet of the trial Court would also disclose that from 01/02/2019, matter was ordered to be listed on 25/04/2019. However, on 14/02/2019, learned counsel appearing for accused filed an application for advancement and records were put-up on the said date by the Registry. Learned Magistrate has read over and explained in Kannada the contents of the accusation made against accused by the complainant and it is also recorded that accused has not pleaded guilty and on his prayer for being tried, sworn statement of the complainant was treated as examination in chief. Following order also came to be passed on 14/02/2019.