SANJAY MOHANTY Vs. SATYANARAYAN MAHAPATRA

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) This application under Sec. 482 of Cr.P.C. has been filed by the petitioner challenging the order dtd. 16/1/2020 passed by the learned S.D.J.M., Puri in ICC Case No.249/2018 issuing N.B.W. of arrest against him.

(3.) The learned counsel for the petitioner has annexed some orders passed by the learned S.D.J.M., Puri. Perusal of the orders reveals that on 13/8/2019 the learned court below found that notice sent to him by registered post was back with endorsement that "absent" on five different days. As the registered post envelope was duly addressed and stamped, the learned court below taking recourse to Sec. 27 of the General Clause Act presumed the notice to be sufficient and arrived at a conclusion that the accused is intentionally avoiding the service of summon and accordingly the summon was held to be sufficient and the learned court issued bailable warrant of Rs.5,000.00 fixing 15/10/2019 for production of the petitioner.