(1.) Heard.
(2.) This petition has been preferred by the petitioner - accused being aggrieved by the order dtd. 13/10/2023 passed by the Additional Sessions Judge, District Indore whereby an application under Sec. 317 of the Cr.P.C filed by him has been rejected and arrest warrant has been issued against him on the ground that he has not deposited the amount as per order dtd. 27/7/2023 And that his application for extension of time to comply with the said order has also been rejected by order dtd. 13/10/2023.
(3.) Learned counsel for the petitioner submits that the requisite amount has already been deposited by the petitioner on 4/10/2023 as evidenced by receipt Annexuure P/3. The petitioner was ill and was hospitalized at the relevant time hence was not in a position to appear before the Court. The documents in that regard have also been filed along with this petition from which the contention of the petitioner as regards his ill health appears to be substantiated.