JUSTIN BONIFACE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner is aggrieved by the order dated 03.04.2010 passed by the learned Additional Chief Judicial Magistrate No. 12, Jaipur City, Jaipur, whereby the learned Magistrate has dismissed the petitioner's application under Section 70(2) read with Section 71 of Cr.P.C.

(2.) ACCORDING to the petitioner, in the year 2004, the complainant had filed a case against the petitioner for offence under Section 138 of Negotiable Instruments Act. Since 17.01.2004, the petitioner was religiously attending the trial. However, on 27.07.2007, he had to leave Jaipur for some personal work. Therefore, he could not attend the trial. Since he did not know the future dates of the trial, he failed to appear before the Court. Therefore, warrant of arrest has been issued against him. Hence, the petitioner filed an application under Section 70(2) of Cr.P.C. However, the said application has been dismissed, vide order dated 03.04.2010. Thus, this petition before this Court.

(3.) HENCE, this petition is, hereby, allowed. Petition allowed.