VIRENDRA KUMAR Vs. STATE

JUDGEMENT

(1.) This criminal miscellaneous petition is directed against order dated 6.6.1012 of Additional Sessions Jude (F.T.) No. 1, Hanumangarh, whereby a revision petition preferred byte petitioner herein against the order dated 5.5.2012 of the Judicial Magistrate, First Class, Hanumangarh in Criminal Case No. 572/07 refusing to convert standing arrest warrant into bailable warrant, stands rejected as not maintainable.

(2.) The respondent No. 2 filed a complaint under section 138/142 of the Negotiable Instruments Act (in short the Act ) against the petitioner the learned Trial Court took cognizance for offence under section 138 of the Act and summoned the petitioner. Despite service of the summon, the petitioner did not appear before the Trial Court and therefore, vide order dated 11.6.2009, he was summoned by arrest warrant. On account of non-service of the arrest warrant on the petitioner, vide order dated 2.4.2012, the Trial Court declared the petitioner absconder and while issuing standing arrest warrant, initiated proceedings under sections 82 and 83, Code Criminal Procedure against him.

(3.) The petitioner preferred an application under section 70 (2), Criminal Procedure Code before the Trial Court for converting the standing arrest warrant issued into bailable warrant. However, after due consideration, the application was rejected by the Trial Court vide order dated 5.5.2012. Aggrieved thereby, a revision petition preferred by the petitioner also stands rejected by the Additional Sessions Judge (F.T.) No. 1, Hanumangarh. Hence, this petition.