MADHU GUPTA Vs. VEER K SHRIVASTAVA

JUDGEMENT

(1.) This petition under section 482 Cr.P.C. is directed against an interlocutory order of the trial court dated 28 th November,2011 dismissing the application of the petitioner under section 87 Cr.P.C. and thereby declining his request to compel the appearance of respondent No.1 through issuance of non bailable warrants.

(2.) It is submitted by the learned counsel appearing on behalf of the petitioner that respondents No.1 to 3 are the accused persons in a private complaint under section 138 of NI Act filed against them. Respondents No.2 and 3 are stated to have already entered appearance and secured their bail from the trial court. It is submitted that respondent No.1 is absconding and despite summons being sent to him twenty times it was not possible to serve him in the ordinary course. Compelled by the same, an application under section 87 Cr.P.C. was filed by the petitioner which has been rejected by the trial court vide the order impugned in the present petition mainly on the ground that the complaint under section 138 NI Act is decided summarily and, therefore, warrants cannot be issued.

(3.) It shall be relevant to refer to the provisions contained in section 87 Cr.P.C. which are extracted hereunder :