SANJAY SHARMA Vs. KASHMIR SINGH

JUDGEMENT

(1.) In the case at hand, initially a complaint under Sec. 138 of the Negotiable Instruments Act was filed in the Court of learned Chief Judicial Magistrate, Mandi in the year, 2010. The cheque amount in the case at hand is Rs.10,00,000.00 (Ten lacs only).

(2.) Thereafter, the case file was received by learned Chief Judicial Magistrate, Kullu, in the year, 2017. Summons issued to the accused repeatedly since the year, 2017 till 2021 could not be served. Subsequent thereto, bailable warrants were issued against the accused/petitioner up till the year 2022. Despite issuance of bailable warrants, presence of the petitioner/ accused could not be procured. The petitioner/accused failed to appear before the Court and further failed to furnish bail bonds to the satisfaction of the Court.

(3.) Finally, on 29/10/2022, the trial Court ordered issuance of non bailable warrants to secure presence of the present petitioner/accused before the trial Court. On issuance of non bailable warrants rather than putting in appearance before the trial Court and filing an application for cancellation of non bailable warrants so issued, the petitioner/accused preferred a revision petition before the Sessions Judge, Kullu.