Allowed

Rahul Huddone v. Jagdish Sirkek

Himachal Pradesh HC15 Jun 2024CRMMO/125/2024

Case brief

AI extract

What is this about?

The High Court of Himachal Pradesh quashed a court order issuing non-bailable warrants under the Negotiable Instruments Act. The Court granted the petitioner one final opportunity to appear on 27.06.2024 and directed the police not to arrest him until that date, with automatic revival of the warrants if he fails to appear. The petition was allowed under Section 482 Cr.P.C.

What did the court decide?

Impugned order issuing non-bailable warrants quashed; petitioner granted one last opportunity to appear on 27.06.2024; police directed not to arrest until that date.

Rahul Huddone Vs Jagdish Sirkek — Cheque Dishonour | Himachal Pradesh HC (2024)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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Cr.MMO No.125 of 2024

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Date of Decision: 15.06.2024

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___________________________________________________________________ Rahul Huddone …….Petitioner Versus Jagdish Sirkek … Respondent ___________________________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting?¹ For the Petitioner: Mr. Vinod Sharma, Advocate. For the Respondent: Mr. Ajay, Advocate. ___________________________________________________________________

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Sandeep Sharma, Judge(oral):

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Being aggrieved and dissatisfied with order dated 13.02.2024, whereby learned Additional Chief Judicial Magistrate, Rampur Bushahr, District Shimla, has issued Non-bailable Warrants against the petitioner-accused, returnable for 04.03.2024, for securing his presence in the complaint case No.8 of 2016 filed by the respondent under Section 138 of the Negotiable Instruments Act, petitioner has approached this Court in the instant proceedings filed under Section 482 Cr.P.C, praying therein to quash and set aside aforesaid order and grant one last opportunity to put in his appearance on the date fixed by learned Court below.

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Mr. Ajay, Advocate, has put in appearance on behalf of respondent/complainant. He fairly states that though no illegality 1 Whether the reporters of the local papers may be allowed to see the judgment?

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can be said to have been committed by the Court below while passing the order dated 13.02.2024, but he has no objection in case one opportunity is granted to the petitioner to put his appearance before the Court below.

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Though, having heard learned counsel representing the parties and perused material available on record, vis-a-vis reasoning assigned in the impugned order, there appears to be no reason to interfere, however, having taken note of the explanation rendered on record qua absence of the petitioner on the given date, coupled with the fact that he is ready and willing to make himself available before the Court below on the date, to be fixed by this Court, this Court deems it fit to grant one more last opportunity to petitioner/accused to remain present before the Court below on 27.06.2024.

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Consequently, in view of the above, impugned order dated 13.02.2024 passed by the learned Additional Chief Judicial Magistrate, Rampur Bushahr, District Shimla is quashed and set aside with the direction to the petitioner/accused to remain present before the Court below in complaint No.8 of 2016 on 27.06.2024 and till then, Police shall not arrest the petitioner, in terms of NonBailable Warrants issued against him. However, it is made clear that in case petitioner fails to put in appearance before the Court below on 27.06.2024, order dated 13.02.2024 would revive automatically

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and Police would be at liberty to arrest the petitioner/accused in terms of Non-Bailable Warrants issued vide order dated 13.02.2024.

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The present petition is allowed in the aforesaid terms. Pending application(s), if any, also stands disposed of.

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(Sandeep Sharma), Judge

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June 15, 2024 (Rajeev Raturi)

Rahul Huddone v. Jagdish Sirkek

Case brief

What is this about?

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Rahul Huddone v. Jagdish Sirkek

Case brief

What is this about?

What did the court decide?

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