ARUNKUMAR N CHATURVEDI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned counsel Mr. Rishi Bhuta for the Petitioner and the learned Additional P. P. Mr. Patil, for the State of Maharashtra.

(2.) THE Applicant is accused no.2 in Criminal Case No.1304/SS/2006 pending in the Court of Metropolitan Magistrate, 7th Court, Dadar for the offence punishable under Section 138 of Negotiable Instruments Act. The warrant has been issued against the Applicant as he was absent on the date of hearing. The Applicant had applied for cancellation of warrant through his advocate. It is submitted that the application has been rejected by the learned Metropolitan Magistrate on the ground that the Applicant was not present when the application for cancellation of warrant was made before the Magistrate.

(3.) THE judgments of Andhrapradesh High Court and Delhi High Court were cited before the learned Magistrate. The learned Magistrate without considering those judgments has stated that the said judgments were not binding upon him.