CHUNDRU AMMANNA Vs. ASST COMMISSIONER OF LABOUR KAKINADA

JUDGEMENT

(1.) This petition under Section 482, Cr.P.C. seeks quashing of Non-bailable Warrant issued against the petitioner who is an accused in Crl.M.P.No. 416 of 1999.

(2.) There seems to be a proceeding filed by the authorities under Section 48(5) (b) of the A.P. Shops and Establishments Act before the concerned Magistrate for recovery of a sum of Rs. 37.997-30ps. towards back wages payable to an employee of the Co-operative Society by the Society of which the petitioner herein is the President. It appears that after filing this petition summons were issued to the petitioner for his appearance on 10-1-2000. It appears that the petitioner could not be present on the date fixed for his appearance and Non-bailable warrant was issued and subsequently the petitioner engaged an advocate who filed his memo of appearance and also an application for recalling the Non-bailable warrant. The grievance of the learned Counsel for the petitioner is that the memo of appearance as well as the petition for recalling the Non- bailable warrant was returned with a docket endorsement which reads as follows: "Memo of appearance be filed before Court in the presence of accused. Hence returned". It is this order which is the subject of grievance of the petitioner in this case along with the order of the learned Magistrate in issuing Non-bailable warrant.

(3.) It is true that Criminal Rules of Practice or any provision in the Cr.P.C. do not contemplate the presence of the accused when his advocate files memo of appearance in the Court. The application on behalf of the accused along with the memo of appearance ought to have been received by the learned Magistrate. Returning them does not appear to be justified. This had the curious result of the petitioner being deprived of an opportunity to make a representation to the learned Magistrate for recalling Non- bailable warrant. Considering the nature of the proceedings against the petitioner and considering the circumstance that the petitioner was not given an opportunity of being heard through his advocate for filing a petition for recalling the Non-bailable warrant, it is ordered that the Non-bailable warrant issued against the petitioner shall stand cancelled. The petitioner is directed to appear before the Magistrate on 23-2-2000 on which date the matter is said to be fixed for hearing. On the appearance of the petitioner, the learned Magistrate shall bind him over on such terms as he considers proper.