GUNA NAND SHARMA Vs. HARISH MODKA

JUDGEMENT

(1.) The present petition is maintained by the petitioner under Section 482 of the Code of Criminal Procedure, against the order dated 10.02.2021, passed by the learned trial Court.

(2.) As per the petitioner, he has filed a complaint under Section 138 of the Negotiable Instruments Act, against the respondent, however, in the said case, the respondent did not appear and was intentionally evading the service of summons, as such, the petitioner moved an application under Section 87 of the Code of Criminal Procedure, with a prayer to issue non-bailable warrants against him. The learned trial Court vide order dated 10.02.2021, dismissed the said application, hence the present petition for setting aside the order dated 10.02.2021.

(3.) Today, when the matter was taken up for consideration, Mr. Rakesh Kumar Sharma, learned counsel for the respondent, has vehemently submitted that as the respondent was not served, he could not appear before the learned Court below, but now he is ready and willing to appear before the learned trial Court on the next date of hearing.