M MADHU AND MADHUSUDHAN Vs. AMARNATH HANDLOOMS NALGONDA

JUDGEMENT

(1.) Petitioner seeks modification of the order passed by the learned Additional First Class Magistrate, Hyderabad East & North, Rangareddy Dist, Saroornagar.

(2.) The petitioner was arrested in execution of the warrant due against him and was committed to judicial custody. When the petitioner applied for bail, the learned Magistrate while granting bail directed him to execute a bond for Rs. 50,000/- with two sureties for like sum each. Not being able to bring the sureties having solvency over and above the amount directed, the petitioner remained in judicial Custody although the order was passed on 4-6-2001.

(3.) Time has come to realize that while dispensing justice, any order to be passed should reflect the essential element in the order. The amount of the cheque said to have been bounced in this case is represented to be Rs. 1,00,000/-. When a private complaint is filed under Section 138 of Negotiable Instruments Act, this sort of order is not expected from a Magistrate, virtually making the petitioner to remain in judicial custody forever. The order of the learned Magistrate therefore requires to be modified and it is modified to the effect that the petitioner shall execute a bond for Rs. 5,000/- with two sureties for like sum each.