RAJESHWAR SINGH Vs. S. NARINDER PAL SINGH SAINI

JUDGEMENT

(1.) THE instant appeal has been preferred by complainant, Rajeshwar Singh, against an acquittal earned by respondent, Narinder Pal Singh Saini, for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred to as the Act) vide impugned judgment of learned Judicial Magistrate Ist Class, Jammu, dated 24.05.1999.

(2.) RECORD reveals that the notice was issued to the respondent on the point of admission of the appeal. He consequently put in appearance through his Advocate and sought time to file objections. Thereafter neither the respondent nor his counsel appeared in the Court. Consequently his bailable warrants of arrest were issued. Ultimately vide order dated 18.08.2000, Special Leave to Appeal was granted under Section 417(2) of the Code of Criminal Procedure and the appeal was admitted. Thereafter fresh bailable warrants were again issued to secure the presence of the respondent. Since his appearance could not be secured through bailable warrants, non -bailable warrants were also issued for the same purpose and ultimately despite all coercive methods adopted by this Court for securing his presence, the Registry was directed to take steps for his written publication in terms of Section 87 of the Code of Criminal Procedure and the same was done in a widely circulated newspaper of Jammu and Kashmir Province State Times. Despite that the respondent did not appear. Order dated 03.05.2002 indicates that moveable and immovable property of the respondent was also ordered to be attached. Till date, the respondent has not put in his appearance.

(3.) KEEPING in view the flashback of the aforesaid facts, I do not want to detain myself further and intend to decide the instant appeal on merits.