The Court dismissed a 482 application challenging a non-bailable warrant issued for non-appearance in a cheque dishonour case. The Court did not quash the warrant but directed surrender within two weeks, promising release on bail with Rs.1,000 security.
Petitioner to surrender within two weeks for bail; N.B.W.A. stands with possibility of release; case disposed.
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CRLMC NO.4288 OF 2015
05.10.2015
Heard learned counsel for the petitioner and learned Addl. Government Advocate for the
State.
Petitioner has filed this application under Section 482 Cr.P.C. challenging the order
dated 01.09.2015 passed by the Sub-Divisional Judicial Magistrate, Angul in 1.C.C. Case No.580
of 2015 issuing N.B.W.A against the petitioner. The alleged offence is under Section 138 of
N.I. Act.
Learned counsel for the petitioner submits that due to non-appearance of the petitione
r before the court below on 01.09.2015, N.B.W.A. was issued against him. He further submits t
hat the petitioner was not aware about the posting of the case due to gap of communication. T
he petitioner is ready and willing to abide by any terms and conditions will be imposed by the
court and to appear before the court as and when required.
Considering the materials available on record, this Court is not inclined to interfere
with the impugned order. However, this Court directs that in case the petitioner surrenders
before the Sub-Divisional Judicial Magistrate, Angul in 1.C.C. Case No.580 of 2015 within a pe
riod of two weeks from today and move for bail in such event he shall be released on bail on s
uch terms and conditions as deemed fit and proper with further condition to furnishing cash se
curity of Rs.1,000/- with an undertaking that as and when required he shall appear before the
court and shall co-operate for early conclusion of the trial.
The Criminal Misc. Case is disposed of.
2
1 issue framed by the court
Whether to interfere with the N.B.W.A. issued for non-appearance in a case under Section 138 of the N.I. Act.
2 provisions across 2 enactments
Petitioner
State
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court