High Court held that surrender direction cannot be granted before this Court as petitioner was already convicted, fined, and absent on judgment date under N.I. Act. Petitioner must surrender before trial court.
Petitioner directed to surrender before trial court and work out remedy there, no relief granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.06.2022
CORAM:
THE HON'BLE MR.JUSTICE N.SATHISH KUMAR
CRL.O.P.NO.9534 OF 2022
R.Varatharajan S/o.Raman ... Petitioner
Versus
The State by The Sub-Inspector of Police, Mallikarai Police Station, Attur Taluk, Salem District. (Crime No. not known of 2022) ... Respondent
PRAYER:-
Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to issue a direction to accept the surrender of the petitioner and consider the bail petition on the same day in connection with NBW issued in S.T.C.No.217 of 2018 dated 11.03.2022 on the file of District Munsif cum Judicial Magistrate at Vazapadi under the circumstances.
For Petitioner : Mr.P.Ganapathy For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed seeking a direction to accept the surrender of the petitioner and consider the bail petition on the same day in connection with non-bailable warrant issued in S.T.C.No.217 of 2018, dated 11.03.2022.
Negotiable Instruments Act and sentenced to pay a fine of Rs.74,000/-. As the petitioner was absent on the date of judgment, non-bailable warrant was issued against him. Such being the position, a direction to accept the surrender at this stage, cannot be granted. It is for the petitioner to surrender before the trial court and work out his remedy before the concerned court as per law. Accordingly, this Criminal Original Petition is dismissed.
Sd/-
Assistant Registrar(CS VI)
//True Copy//
Sub Assistant Registrar
rpp
To
+1cc to Mr.P.Ganapathy, Advocate, S.R.No.32216
CRL.O.P.NO.9534 OF 2022
JPL(CO) PBS/16/06/2022
1 issue framed by the court
Whether the petitioner can be granted surrender direction before the High Court when he is convicted and sentenced under N.I. Act and warrants are outstanding.
1 provisions across 1 enactments
R.Varatharajan
The State
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
