KABIRDAS Vs. ELE CHEM SYSTEMS

JUDGEMENT

(1.) The petitioner has come to this Court with a strange request. He faces indictment in a prosecution under Section 138 of the N.I. Act before the Court of Sh. Kuljitpal Singh PCS civil Judge (Jr. Div.) cum JMIC, Rajpura, Punjab. According to him, though he had engaged a counsel, he is unable to identify and ascertain the number of the case. A warrant of arrest has been issued against the petitioner. The petitioner apprehends that he may be arrested and taken in custody to Punjab. It is in these circumstances that he has come to this Court with a prayer that further proceedings against him may be stayed.

(2.) Obviously in the light of the decision in Meenakshi Stahish v. Southern Petrochemical Industries (2007 (1) KLT 890 (FB)) the relief of quashing the proceedings or any relief against the cognizance taken by the Court at Punjab cannot be issued by this Court. But I find merit in the prayer of the petitioner that atleast appropriate directions under Section 438 Cr.P.C. may be issued in his favour to ensure that he is not unnecessarily arrested and dragged to Punjab by the police officials. The petitioner undertakes to appear before the Court having jurisdiction, if a reasonable time were granted to him.

(3.) I am satisfied in the facts and circumstances of this case that an appropriate direction under Section 438 Cr.P.C. can be issued in favour of the petitioner, against whom Annex.I intimation has been issued directing his presence before the Court of Sh. Kuljitpal Singh PCS civil Judge (Jr. Div.) cum JMIC, Rajpura, Punjab, in a prosecution under Section 138 of the N.I. Act initiated by the first respondent herein.