The petitioner is the sole accused for offence punishable under Sec.138 of the Negotiable Instruments Act, in S.T.No.800/2013 on the file of the Chief Judicial Magistrate Court, Pathanamthitta, instituted on the basis of a complaint. It is pointed out that the petitioner had earlier appeared before the trial court and had secured bail. But, due to some unavoidable reasons, he could not appear on previous occasion and non bailable warrant was issued and later, he was granted bail and the non bailable warrant was recalled. Later, on 24/5/2017, when the matter was posted for defence evidence, the complainant was present and the petitioner (accused) had made application for his absence upon which the learned Magistrate has cancelled the bail bond and his absence application was rejected and non bailable warrant was issued against him etc. The petitioner submitted that he could not appear on 24/5/2017 before the learned Magistrate due to his illness and that he is ready to surrender personally before the court below at any time and there might be a
