Kalulal Menaria vs State of Rajasthan

Mr. P.K. Lohra, J.—Accused-petitioner has preferred this petition under Section 482 Cr.P.C with the limited prayer to modify order dated 18.03.2016 whereby Special Judicial Magistrate (N.I. Act cases), Udaipur (for short, ''learned trial Court''), while forfeiting the bail bonds, has initiated proceedings under Section 446 Cr.P.C. and issued arrest warrant against him.

Prayer of the petitioner is to grant him indulgence to the extent of modifying the order by converting arrest warrant into bailable warrant. It is submitted by the learned counsel that offence attributed to the petitioner is under Section 138 of the Negotiable Instruments Act, 1881 (for short, ''Act'') which is bailable offence and is governed by procedure of summary trial. It is also submitted by the learned counsel that petitioner could not appear before the learned trial Court due to his health problems, therefore, it is desirable to grant him limited indulgence of converting arrest warrant into bailable warrant.

Learned Public Prosecutor has not opposed the prayer in general.

Taking into account the entire facts scenario and the nature of offence attributed to the petitioner, the instant petition is partly allowed and the order impugned dated 18.03.2016 is modified by converting the arrest warrant into bailable warrant.

It is made clear that petitioner shall submit his explanation pursuant to proceedings under Section 446 Cr.P.C. and the same shall be dealt with by the learned trial Court in accordance with law.

The petition is accordingly allowed.