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Narendra Kumar Sharma vs State Of Madhya Pradesh And Others

Madhya Pradesh High Court · Decided on 3 August 2023 · Citation: (2023) 08 MP CK 0025

HON’BLE JUDGES
Roopesh Chandra Varshney, J
ACTS & SECTIONS REFERRED
Negotiable Instruments Act, 1881 — Section 138 · Code Of Criminal Procedure, 1973 — Section 70
RESULT
Disposed Of
CASE NUMBER
Miscellaneous Criminal Case No. 34349 Of 2023
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Judgment

7 paragraphs · 164 words

Roopesh Chandra Varshney, J

Petitioner, who is a complainant is seeking arrest of absconding accused in private complaint case No. 1234/2018/2015 under Section 138 of NI Act.

From perusal of order sheet dated 27/9/2022 of trial Court, it appears that case was registered on 19/9/2016 and for securing presence of respondent No. 2/accused, many a time, summons and bailable warrant were issued. However, accused never appeared therefore, under Section 70 of Cr.P.C. permanent arrest warrant was issued against him.

The Police under Cr.P.C. is obliged to make compliance of Court orders.

The offence in this case was registered on 19/9/2016 and it is alleged that even after issuance of permanent arrest warrant accused is not arrested till date.

This petition stands disposed of with a direction to the Superintendent of Police, Gwalior to ensure arrest and production of accused / respondent no. 2 in light of order of trial Court dated 27/9/2022 at the earliest.

With the aforesaid observation, the petition stands disposed of.