SURENDRA JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This miscellaneous petition under Sec. 482 Crimial P.C., 1973 is filed by the petitioner being aggrieved with the order dated 21.1.2017, passed by Additional DistrictSessions Judge No.1, Jodhpur Metropolitan in Criminal Appeal No.84/2015, whereby the petitioner is summoned through arrest warrant.

(2.) It is noticed that the petitioner was convicted and sentenced by the N.I. Act Court No.2, Jodhpur (hereinafter referred to as 'the trial court') in Case No.753/2014 vide order dated 6.11.2015 for the offence punishable under Sec. 138 of the Negotiable Instrument Act against which the petitioner has preferred the above referred appeal before the Additional DistrictSessions Judge No.1, Jodhpur Metropolitan (hereinafter referred to as 'the appellate court'), wherein the appellate court while admitting the appeal of the petitioner has suspended the sentence of the petitioner and released him on bail. The appeal is pending before the appellate court, however, on 21.1.2017 the petitioner was absent and no application for exemption of his personal presence was filed and, therefore, the appellate court has cancelled the bail of the petitioner and has summoned him through warrant of arrest.

(3.) Counsel for the petitioner has submitted that due to some unavoidable circumstances the petitioner failed to appear before the appellate court, however, he prayed that one chance be given to the petitioner to appear before the trial court.