RAJEEV CHATURVEDI Vs. VARUN AGARWAL

JUDGEMENT

(1.) HEARD . By means of this petition moved under section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioner has sought quashing of the order dated 12.08.2011, passed by Judicial Magistrate, Kashipur, in criminal complaint case no. 2148 of 2010, Varun Agarwal vs. Rajeev Chaturvedi, whereby said court has directed to issue non bailable warrants against the petitioner (accused) Rajeev Chaturvedi, and further directed to recover the amount of the bond executed by him earlier. Also order dated 14.11.2011, passed by the Sessions Judge, Udham Singh Nagar, in criminal revision no. 172 of 2011, is challenged whereby the order of the Magistrate is affirmed.

(2.) LEARNED counsel for the petitioner submitted that it is a case of 138 of Negotiable Instruments Act, 1881, and the petitioner Rajeev Chaturvedi (accused) lives in Lucknow. He is facing trial at Kashipur. It is further submitted that the trial court has erred in law by not only issuing non bailable warrant against the petitioner, but also directing that amount of bond be recovered from him without following procedure prescribed under Section 446 Cr.P.C., which he executed earlier when bail was granted.