ISTIKHAR KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of the present Misc. Petition, the petitioner has invoked the inherent jurisdiction of this Court seeking quashing of the order dtd. 17/6/2025, passed by the learned Special Judicial Magistrate (N I Act Cases) No.2, Bikaner, in Criminal Case No.446/2016 (CIS No.11585/2016) whereby the petitioner was declared an absconder, and a warrant of arrest was issued against him.

(2.) The present petition arises from an order of the learned trial Court in a complaint under Sec. 138 of the Negotiable Instruments Act, whereby the accused-petitioner was declared an absconder. As per the impugned order, cognizance was taken on 16/12/2016 and the accused initially appeared on 12/1/2018; however, he failed to remain present thereafter, leading to forfeiture of his bail bonds on 6/3/2019 and again on 27/5/2025. Despite repeated issuance of arrest warrants, the same remained unexecuted or unserved, and the presence of the accused could not be secured.

(3.) I have heard the learned counsel for the respective parties and has examined the material made available on record.