JITENDRA MOHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under Section 482 of the Code of Criminal Procedure has been filed to quash the order dated 6.6.2005 passed by Sri Santosh Kumar Pandey, Judicial Magistrate, 1st Class, Munger in Complaint Case No. 11630/04 thereby and thereunder the petition fiied by the petitioner under Section 205 of the Code of Criminal Procedure has been rejected as well as the order dated 21.11.2006 passed by the F.T.C. VI, Munger in Criminal Revision No. 188 of 2005 whereby the F.T. C. has confirmed the order of the learned Magistrate.

(2.) IT appears from the record that this is a case of boucing of cheque of Rs. 1,00000.00. The case is based on complaint petition. The court below has taken cognizance under Ss. 420 of the Indian Penal Code and 138 of Negotiable Instrument Act. Warrant of arrest has also been issued against the petitioner for appearance.

(3.) CONSIDERED the submission of learned counsel for the petitioner and the Opposite Party no. 2 as well as two decisions cited by them. The recent decision is of the year 2007. In that decision the decision of the Apex Court reported in 2005(4) SCC 173 has been relied upon. There is no bar to allow the petition under Section 205 of the Code of Criminal Procedure even in the case non - bailable warrant of arrest is issued against a person. The offence alleged against the petitioner is of technical nature. Therefore it is expedient in the interest of justice that the petitioner granted benefit of Section 205 of the Code of Criminal Procedure but with certain conditions that he shall make personal appearance whenever directed by the court.