P MOORTHY Vs. P BALUSAMY

JUDGEMENT

(1.) This Criminal Original Petition has been filed under Section 482 of Cr.P.C., to set aside the order dated 11.07.2012 passed in Cr.M.P.No.7582 of 2011 in S.T.C.No.4336 of 2011 on the file of the Judicial Magistrate Court No.1, Tiruppur.

(2.) The short facts of this case is that the respondent herein filed a Private Complaint against the petitioner under Section 200 Cr.P.C in S.T.C.No.4336 of 2011 on the file of the Judicial Magistrate Court No.1, Tiruppur for the alleged offence under Section 138 of Negotiable Instruments Act and the same is pending. Since no summons whatsoever was served on him he was not aware about the pendency of the case against him. The petitioner submits that the Court below issued NBW to secure his presence and pursuant to that he was arrested and produced before the Court below on 11.07.2012 and he filed a Bail Application in Crl.M.P.No.7582 of 2012 under Section 436 of Cr.P.C on the same date and the Court below passed the following order viz:-

(3.) Further, the learned counsel for the petitioner has submitted that in obedience of the orders of the Court below he has duly executed the bond and furnished two sureties and come out on bail and the other condition that he shall deposit 50% of the cheque amount in the Court is highly unjust and unsustainable. The case was at initial stage only and hence there was no necessity to impose such condition.