BIMAL KUMAR Vs. STATE OF ODISHA

JUDGEMENT

(1.) These applications under Sec. 482 of Cr.P.C. have been filed by the petitioners challenging the order dtd. 1/11/2022 passed by the learned Sub Divisional Judicial Magistrate (in short "SDJM"), Panposh in ICC Case No.149 of 2021 issuing non bailable warrant of arrest (in short "NBW") against them. As the same order has been challenged by the petitioners and the averments in all the three petitions are almost identical, they are disposed of by a common judgment.

(2.) That the petitioners are accused in 1CC case No. 149 of 2021 alongwith the Company Kanika Furnitiure Pvt Ltd., where cognizance of offences under Sec. 138 of the Negotiable Instruments Act has been taken against them on the basis of a complaint by the Opposite Party No.2, by order dtd. 7/12/2021 passed by the learned SDJM.

(3.) Copy of the order sheet (containing the orders passed between 9/8/2021 and 4/4/2023) in the complaint case has been annexed as Annexure-7 in each of CRLMCs. Perusal of the order dtd. 7/12/2021 reveals that cognizance of offence under Sec. 138 of the N.I. Act has been taken and fresh summon directed to be issued to the accused person. ("Fresh" summons seems to be an error as it was the first time summon was being issued"). On 7/1/2022, S.R. was tagged with the case and case was fixed to 5/3/2022 for appearance. The order dtd. 5/3/2022 reveals that on that day the complainant filed postal receipt, tracking report and affidavit, postal A.D. returned after service, S.R. returned with an endorsement the address left and tagged with the case record. The case was posted to 7/3/2022 for appearance. On 7/3/2022, the Magistrate inter alia held that as the postal A.D. returned after service and S.R. has returned and tagged with the case record, hence service of summon is sufficient and issued bailable warrant against the accused and fixed to 7/5/2022 for production. On 7/5/2022, bailable warrant of arrest was not executed, so reminder was issued to the concerned Police Station. Case was directed to be put up on 1/11/2022 for production. On 1/11/2022 as bailable warrant had not been executed, N.B.W. was issued against the accused and case was posted to 6/1/2023 for production. Case record was put up on 7/1/2023 as 6/1/2023 was fixed as holiday, N.B.W./A was not yet executed. So, the learned Magistrate has directed for issuing reminder and posted the case to 19/7/2023 for production.