Remanded

Prince Sharma v. Akhil Sharma

Himachal Pradesh HC2 Jan 2023CRMMO/1295/2022

Case brief

AI extract

What is this about?

In a complaint under Section 138 NI Act, the petitioner challenged non-bailable warrants issued due to his unexplained absence. The High Court directed that the warrants be recalled unexecuted, permitting the petitioner to appear in the trial court the next day with an application explaining the absence, while prohibiting arrest till that date.

What did the court decide?

Non-bailable warrants recalled unexecuted; petitioner permitted to appear in trial court next day and not arrested till that date.

Prince Sharma Vs Akhil Sharma — Cheque Dishonour | Himachal Pradesh HC (2023)

¶1

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

¶2

Cr.MMO No. 1295 of 2022

¶3

Date of Decision 2nd January, 2023

¶4

_______________________________________________________ Prince Sharma …..Petitioner Versus Akhil Sharma ….Respondent_ For the Plaintiff: Mr. Jagjeet Singh Bagga, Advocate. For the Respondent: None

¶5

For the Respondent:

¶6

O R D E R

¶7

Petitioner has preferred this petition against nonbailable warrants issued against the petitioner in complaint NIA No. 351 of 2019 filed under Section 138 of Negotiable Instrument Act, titled Akhil Sharma vs. Prince Sharma Associate pending adjudication before the Additional Chief Judicial Magistrate, Nalagarh, District Solan H.P.

¶8

2 Claim of petitioner is that he was never served in the above referred complaint and now it has come in his knowledge that considering his absence willful and intentional, non-bailable warrants have been issued against him for procuring his presence.

¶9

¶10

3 It has been further submitted by learned counsel for petitioner that petitioner is law abiding citizen and always has respect for Court and he can never think to disobey or to remain absent from Court on the date brought in his notice, through summons or otherwise and, therefore, immediately after knowing about issuance of non-bailable warrants, he has approached this Court.

¶11

4 There is no material before me so as to verify the submissions made on behalf of petitioner. It has been informed that case in the Trial Court has been listed for tomorrow i.e. 3^rd January, 2023 for presence of petitioner by executing nonbailable warrants. It has been further submitted that petitioner is ready and willing to surrender/submit himself to the jurisdiction of Trial Court but for having apprehension of his arrest he has been constrained to approach this Court.

¶12

5 Non-bailable warrants are to be recalled unexecuted by the Court, which has issued the warrants on finding sufficient reason for that and, therefore, petitioner is directed and permitted to appear before Trial Court i.e. Additional Chief Judicial Magistrate Nalagarh, District solan on the next date i.e. tomorrow (3^rd January, 2023) in the above referred complaint with an appropriate application explaining the plausible and sufficient reason for his absence and circumstances leading to

¶13

¶14

issuance of non-bailable warrants and in case, such application is filed by petitioner, the same shall be considered and decided by Magistrate in accordance with law without being influenced by any observation made by this Court in present order.

¶15

6 Till next date i.e. 3^rd January, 2023, petitioner shall not be arrested in execution of non-bailable warrants issued against him in above referred complaint NIA No. 351 of 2019 pending adjudication before Additional Chief Judicial Magistrate, Nalagarh and after 3^rd January, 2023, petitioner shall abide and governed by order passed by the Magistrate.

¶16

Petition stands disposed of.

¶17

Petitioner may produce the downloaded copy of the

¶18

order passed by the Court before the Authorities concerned if required and the concerned Authority shall not insist for the certified copy of order, rather passing of order can be verified from the web-page of this Court.

¶19

January 02, 2023 (Vivek Singh Thakur) (ms) Judge

Prince Sharma v. Akhil Sharma

Case brief

What is this about?

What did the court decide?

Prince Sharma v. Akhil Sharma

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ajmer Singh Vs State of Hp

Atma Ram and Ors. Vs Amitabh Awasthi and Ors.

Meena Ram Vs State of Hp

Vardhman Steel and Cement Store Vs Ms Hanjer Bio-Tech

Manjit Singh Vs the Kangra Central Cooperative Bank Ltd. and Anr.

Ashok Pal Sen Vs Indira Mahindra