M S VENKATARAMAN ALIAS VENKATESH Vs. STATE

JUDGEMENT

(1.) THIS O. P has been filed to set aside the order dated 9. 10. 2003 issuing a Non Bailable Warrant against the petitioner in C. C. No. 3533 of 2001 pending on the file of the XVIII Metropolitan Magistrate's Court, Saidapet.

(2.) THE brief facts of the case are as follows: the petitioner is working at the United States of America. The petitioner married one Janani (daughter of the complainant Shankar) on 7. 2. 2000. For the marriage, A1 demanded Rs. 10,00,000/- as cash and gold and diamond jewellery worth Rs. 15,00,000/- at the time of engagement on 10. 5. 1999 at the house of A1. On 25. 12. 1999, Rs. 5,00,000/- was paid as first instalment of dowry amount and another sum of Rs. 5,00,000/- was paid on 6. 2. 2000. Thereafter, the petitioner and his wife left for America on 24. 2. 2000. There, a dispute arose between the parties. The complainant wanted A1 to return to Madras to take care of his factories, for which, A2 and A3 demanded Rs. 50,00,000/- to be deposited in the name of A1 and also to construct a bungalow for A1. At America, A1, at the instigation of A2 to A4 (parents and brother of A1) ill-treated the complainant's daughter Janani, physically assaulted her and therefore, the complainant's daughter Janani and his wife Vidya returned to India on 9. 7. 2000 and thereafter, lodged a complaint, based on which, investigation was conducted and final report was filed against the petitioner as A1 and his parents as A2 and A3 and his brother as A4. Except A1, others appeared in Court. Therefore, non-bailable warrant was issued against A1.

(3.) THE contention of the learned counsel appearing for the petitioner is that no summons was served on the petitioner (A1) and without service of summons, issue of non-bailable warrant is against law and the same is liable to be quashed.