TARUN UPADHYAY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner accused seeks quashing of order dtd. 27/6/2024 passed by learned Special Metropolitan Magistrate (NI Act cases) No. 10, Jodhpur Metropolitan in Criminal Original Case No. 9326/2017 under Sec. 138 of N.I. Act, vide which, learned Trial Court issued arrest warrant against the petitioner and also directed to initiate the proceedings under Sec. 446 Cr.P.C.

(2.) Learned Counsel for the petitioner states that on the fateful day petitioner had to go out of station and he had requested his Counsel to take appropriate steps to seek exemption from personal appearance. However, due to some miscommunication, his Counsel could not file a written application and his oral request was rather harshly declined by the learned Trial Court while issuing Non Bailable Warrants against the petitioner as well as initiation of proceedings under Sec. 446 of Cr.P.C. Despite these circumstances, the learned Trial Court did not consider the petitioner's grievance and ordered the forfeiture of his bail bonds. Additionally, the Court initiated proceedings under Sec. 446 of the Cr.P.C. against his surety. The petitioner's inability to appear was due to unforeseen circumstances beyond his control.

(3.) Learned PP would support the impugned order passed by both the learned Court below for the reasons stated therein.