AADESH DEVKUMAR Vs. RAUNAK DOSHI

JUDGEMENT

(1.) By way of these miscellaneous petitions, petitioners have been made challenge to the orders dtd. 25/8/2021 passed by the Judicial Magistrate in Criminal Cases No.100/2020, 272/2020 and 172/2020 titled as "Raunak Dosi vs. Aadesh Dev Kumar" whereby the learned Magistrate initiated proceedings under Sec. 446 of the Cr.P.C. and also directed to open proceedings under Sec. 82-83 of the Cr.P.C.

(2.) What transpires from the petition and the annexures is that the petitioner is facing trial for the accusation of committing offence punishable under the Negotiable Instruments Act. Due to failing in marking presence before the learned trial court on the due date, his bail bonds were forfeited and therefore, proceedings under Sec. 446 as well as under Sec. 82-83 of Cr.P.C. have been directed to be initiated.

(3.) Since the matter pertains to a bailable offence and the accused-petitioners are ready and willing to appear before the learned Trial Court and willing to face the course of trial, therefore, instead of quashing the order impugned, it is deemed appropriate to direct the petitioner to appear before the learned Trial Court on or before 25/2/2022 and move a regular bail application alongwith reply-cum-explanation of proceedings under Sec. 446 of Cr.P.C.