V. MOHAN BABU Vs. STATE

JUDGEMENT

(1.) The petitioner challenges the order passed by the learned Special Judge under the TNPID Act, Chennai, dismissing the petitioner's application for recall of NBW issued against him.

(2.) It is the case of the petitioner that even before the registration of the FIR, he left for London for his education; that he was not aware of any pending case against him; that no summons was issued by the trial Court to secure his presence; that a Non-Bailable Warrant was issued against him; that as soon as he came to know that an NBW was issued against him, he had filed an application for anticipatory bail before this Court and this Court while dismissing the anticipatory bail, had directed him to approach the trial Court for recall of warrant; that thereafter, he filed the petition for recall of warrant and the same was dismissed on the ground that the petitioner had not appeared in person for recalling the warrant; that he is now prepared to participate in the trial and since the warrant and a look-out circular is pending against him, he would be arrested at the Airport; that he may be given an opportunity to explain the circumstances under which he went abroad; and that his arrest may not be necessary as the final report has been filed and hence, prayed for setting aside the order.

(3.) The learned Government Advocate (Crl. Side), per contra, submitted that the petitioner had been absconding through out; that the petitioner was not available in his address and his whereabouts were not known; that the petitioner was one of the main Directors of the financial establishments, which collected huge deposits from more than 1200 depositors totalling to Rs.250,98,65,000.00 and the outstanding balance is Rs.87,50,73,778.00 and hence, after the filing of the final report, the learned trial Judge had issued warrant as he was absconding; that further investigation is pending and since the petitioner did not appear before the learned trial Judge, the impugned order dismissing the application to recall the warrant is justified; and sought for dismissal.