GUNWANTBHAI S. SHAH Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS is an application filed under Section 482 of the Cr. P.C. by the accused -petitioner by which he is challenging the order dated 3 -10 -1996 passed by J.N.F.C., Indore (Court No. 26) passed in criminal case No. 707/95.

(2.) THE facts of the case, in brief, are that the respondent -complainant filed a private complaint against the petitioner -accused on 8 -9 -1995 under Section 135 of the Negotiable Instruments Act on the allegations that the petitioner placed order for supply of goods and on 3 -5 -1995 tendered two cheques of 1,00,000/ - and Rs. 1,33,000/ - and he supplied the ordered goods. But these cheques were dishonoured on 31 -5 -1995 with the remarks 'funds insufficient'. On the request of the petitioner, the cheques were again presented to the Bank but were again dishonoured. After notice the respondent filed a complaint on 8 -8 -1995. The learned Magistrate after recording statement of the complainant registered offence under Section 138 of the Negotiable Instruments Act and issued summons to the petitioner for his appearance.

(3.) NO one appeared on the date of hearing on behalf of the petitioner. Mr. Purohit, learned Counsel for respondent No. 2/complainant and Mr. G. Desai, G.A. respondent -State, advanced arguments. Mr. Purohit, learned Counsel submitted that the petitioner is avoiding his presence in the Court. He was absent on 27 -6 -1996, 6 -3 -1996, 10 -5 -1996, 30 -5 -1996, 2 -8 -1996, 13 -8 -1996 and 3 -10 -1996. The petitioner failed to show sufficient cause for his absence on 3 -10 -1996, therefore, the Court rightly cancelled his bail -bonds and ordered for issuance of warrant of arrest.