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Judgment
9 paragraphs · 249 wordsDr. Kauser Edappagath, J
Petitioner is the accused in C.C.No.499/1990 on the files of the Chief Judicial Magistrate Court, Ernakulam, now pending as L.P.No.8/1992.
The offence alleged is under Section 138 of the Negotiable Instruments Act. The 2nd respondent is the defacto complainant. A non bailable warrant is pending against the petitioner. According to the petitioner, he was not aware of the pendency of the case. It is in these circumstances, the petitioner has approached this Court.
Heard the learned Counsel for the petitioner and the learned Public Prosecutor.
The case is of the year 1990. It is hard to believe that the petitioner is not aware of the proceedings. However, Annexure A3 would show that the petitioner’s daughter is getting married on 16.07.2023. Learned Counsel for the petitioner submits that the petitioner is prepared to regularly appear before the court below and thereafter co-operate with the investigation.
Considering all these facts, this Crl.MC is disposed of as follows:
i. The petitioner shall surrender before the court below within a period of one week from today.
ii. The bail application, if any filed by the petitioner, shall be disposed of by the court below, in accordance with law, preferably on the same day itself.
iii. Considering the fact that the marriage of the daughter of the petitioner is fixed on 16.07.2023, all coercive steps initiated against the petitioner shall be kept in abeyance till the bail application is disposed of by the court below.