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Judgment
7 paragraphs · 232 wordsKuldeep Mathur, J
Heard learned counsel for the parties. Perused the material available on record.
By way of filing the present petition under Section 482 Cr.P.C., the petitioner seeks to challenge the order dated 08.01.2024 passed by learned Special Judicial Magistrate, N.I. Act Cases No.5, Udaipur in C.I.S. Case No.5171/2018 whereby, standing warrant of arrest has been issued against the petitioner.
Learned counsel for the petitioner submitted that cognizance was taken against the petitioner for offence punishable under Section 138 of the N.I. Act. Learned counsel further submitted that due to non appearance of the petitioner despite issuance of arrest warrant, learned trial court declared the petitioner absconder and directed to initiate proceedings against the petitioner under Section 82-83 Cr.P.C. and issued standing warrant of arrest against him.
Learned counsel for the petitioner prays that the standing warrant of arrest issued by the learned trial court vide order dated 08.01.2024 may be converted into bailable warrant.
Having considered the facts and circumstances of the case, the present misc. petition is disposed of while directing substitution of standing warrant of arrest by bailable warrant in case, the petitioner appears before the trial court within a period of 15 days from today.
If the petitioner fails to appear before the trial court within the stipulated time, then the order dated 08.01.2024 for securing presence of petitioner through standing warrant of arrest shall stand revived.