JAI PRAKASH LAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) This application under section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') has been filed by the petitioner for quashing of the order dated 11.09.2017 passed by the learned A.C.J.M.,-4th, Gaya in Muffasil P.S. Case No.523 of 2013 whereby and whereunder the bail bond of the petitioner has been cancelled.

(3.) It is submitted by the learned counsel for the petitioner that in the instant case in which cognizance has been taken under Sections 406 and 420 of the Indian Penal Code and section 138 of the Negotiable Instruments Act, the petitioner was arrested and was remanded to judicial custody. He was granted bail vide order dated 28.01.2014 passed by this Court in Cr. Misc. No.313 of 2014. Thereafter, he filed an application for quashing of the order taking cognizance before this Court vide Cr. Misc. No. 11980 of 2014, which was initially sent to Mediation Center of the Patna High Court and the further proceedings in the court below was ordered to be stayed, but ultimately, the mediation failed and the application preferred under section 482 of the Cr. P.C., 1973 was dismissed vide order dated 24.07.2017. The order dated 24.07.2017 passed by this Court was received in the court of jurisdictional Magistrate on 16.08.2017 and, thereafter, on 26.08.2017, the case was fixed for framing of charge on 01.09.2017. On 01.09.2017, the application filed on behalf of the petitioner for dispensing with his personal appearance and allowing him to be represented through lawyer was accepted and he was directed to be physically present on 11.09.2017. However, as the petitioner was failed to appear in person on 11.09.2017, his application preferred under section 317 of the Cr. P.C., 1973 was rejected and simultaneously his bail bond was also cancelled.