KISHORE GOBINDRAM HASSIJA Vs. V SUBRAMANI

JUDGEMENT

(1.) THE submissions made by Mr. CD. Johnson, learned counsel for the petitioner and by Mr. S. Baskar, learned counsel representing Ram and Ram, counsel on record for the respondent were heard. THE materials available on record were also perused.

(2.) THE petitioner in the criminal revision case is the third accused in C.C. No. 414 of 2003, which is pending on the file of the Judicial Magistrate -1, Thiruppur. THE said calendar case came to be taken on file based on the complaint of the respondent herein against the petitioner herein and two other persons for an alleged offence under Section 138 of the Negotiable Instruments Act, 1881. THE said offence being a bailable one, a summon was initially issued and on service of summons, the petitioner appeared in the trial court through his counsel on 30.6.2003. Subsequently, the petitioner filed an application under Section 205 Cr.P.C which was also allowed by the trial court. When the calendar case stood posted for trial on 15.12.2003, the petitioner who figures as third accused in the calendar case, filed a petition seeking discharge and the same was dismissed by the trial Court.

(3.) THE petitioner did not choose to challenge the order imposing such conditions. On the other hand, accepting the said conditions, the petitioner executed a bond and got released on bail subject to the above conditions. However, subsequent to such release, he did not comply with the conditions and again he failed to attend the court on the hearing dates, which prompted the respondent herein/complainant to file a petition under Section 446-A Cr.P.C for cancellation of bail. THE same was taken on file by the trial court as Crl. M.P. No. 3761 of 2008 and after hearing, the learned trial judge allowed the petition and cancelled the bail granted to the petitioner by the said court in its earlier order dated 21.4.2008. THE order of cancellation of bail dated 30.5.2008 is the subject matter of challenge in the present criminal revision case.