PARTAP Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Having regard to the nature of order proposed to be passed in the instant proceedings, this Court sees no necessity to issue notice to respondents No.2 and 3, who in the event of issuance of notice would be unnecessarily burdened to engage lawyers on their behalf to represent them in this Court and as such, notice to them is dispensed with. However, Mr. Kunal Thakur, learned Deputy Advocate General, appears and waives notice on behalf of respondent No.1. He fairly states that in view of the controversy as well as order proposed to be passed, no reply, if any, is required on behalf of respondent No.1.

(2.) Instant petition filed under Section 482 of the Code of Criminal Procedure read with Section 142 of the Negotiable Instrument Act, lays challenge to order dated 26.9.2019 passed by learned Judicial Magistrate, Ist Class, Karsog, District Mandi, H.P., whereby warrant of realization of penalty amount of Rs. 1,00,000/- has been ordered to be issued to the concerned Collector returnable for 21.10.2019, enabling him to recover the same as arrears of land revenue.

(3.) Having heard learned counsel representing the petitioner and perused the material available on record, especially Zimni Orders (Annexure-P1), this Court finds that despite their being repeated opportunities granted by learned Court below, petitioner/accused failed to put in appearance in the proceedings initiated against him under Section 138 of Negotiable Instruments Act in the Court of learned Judicial Magistrate, Ist Class, Karsog, District Mandi, H.P., and as such, learned Court below issued notice to the surety of the accused on 6.7.2019 calling upon him to produce the accused before the Court on 27.8.2019. Zimni orders placed on record clearly reveals that despite issuance of notice to the aforesaid surety, neither surety nor petitioner/respondent put in appearance in the Court and as such, learned Court below vide order dated 26.9.2019 issued warrant of realization to the concerned Collector for realization of full penalty of Rs. 1,00,000/-. In the aforesaid background, petitioner/accused has approached this Court in the instant proceedings.