A.M. ARUN Vs. STATE

JUDGEMENT

(1.) This Criminal Original petition has been filed to direct the learned Additional Chief Metropolitan Magistrate Economic Offences-II, Egmore, at Allikulam, Chennai to consider the petition filed by the petitioner to recall the Non Bailable Warrant in E.O.C.C. No. 502 of 2017 on the same day of surrender.

(2.) The learned counsel appearing for the petitioner would submit that he is not aware about the pendency of this case and he has not received any summons from the concerned Court. Hence, the petitioner was not able to appear before the learned Additional Chief Metropolitan Magistrate Economic Offences-II, Egmore, at Allikulam, Chennai in respect of the case in E.O.C.C. No. 502 of 2017 and hence, non bailable warrant has been issued against the petitioner. He would further submit that the said absence is neither willful nor wanton and he undertakes that the petitioner shall appear before the Court below regularly on all future hearing dates without fail.

(3.) Considering the undertaking given by the learned counsel for the petitioner, the petitioner is directed to appear before the learned Additional Chief Metropolitan Magistrate Economic Offences-II, Egmore, at Allikulam, Chennai on the next hearing and to file a petition under Sec. 70(2) of Cr.P.C., to recall NBW already issued against him. On filing of such petition, the concerned learned Magistrate is directed to consider the same on its own merits in accordance with law and pass orders on the same day.