Prince Sharma vs Akhil Sharma

Vivek Singh Thakur, J

Petitioner has preferred this petition against non-bailable warrants issued against the petitioner in complaint NIA No. 351 of 2019 filed under Section 138 of Negotiable Instrument Act, titled Akhil Sharma vs. Prince Sharma Associate pending adjudication before the Additional Chief Judicial Magistrate, Nalagarh, District Solan H.P.

2 Claim of petitioner is that he was never served in the above referred complaint and now it has come in his knowledge that considering his absence willful and intentional, non-bailable warrants have been issued against him for procuring his presence.

3 It has been further submitted by learned counsel for petitioner that petitioner is law abiding citizen and always has respect for Court and he can never think to disobey or to remain absent from Court on the date brought in his notice, through summons or otherwise and, therefore, immediately after knowing about issuance of non-bailable warrants, he has approached this Court.

4 There is no material before me so as to verify the submissions made on behalf of petitioner. It has been informed that case in the Trial Court has been listed for tomorrow i.e. 3rd January, 2023 for presence of petitioner by executing non-bailable warrants. It has been further submitted that petitioner is ready and willing to surrender/submit himself to the jurisdiction of Trial Court but for having apprehension of his arrest he has been constrained to approach this Court.

5 Non-bailable warrants are to be recalled unexecuted by the Court, which has issued the warrants on finding sufficient reason for that and, therefore, petitioner is directed and permitted to appear before Trial Court i.e. Additional Chief Judicial Magistrate Nalagarh, District solan on the next date i.e. tomorrow (3rd January, 2023) in the above referred complaint with an appropriate application explaining the plausible and sufficient reason for his absence and circumstances leading to issuance of non-bailable warrants and in case, such application is filed by petitioner, the same shall be considered and decided by Magistrate in accordance with law without being influenced by any observation made by this Court in present order.

6 Till next date i.e. 3rd January, 2023, petitioner shall not be arrested in execution of non-bailable warrants issued against him in above referred complaint NIA No. 351 of 2019 pending adjudication before Additional Chief Judicial Magistrate, Nalagarh and after 3rd January, 2023, petitioner shall abide and governed by order passed by the Magistrate.

Petition stands disposed of.

Petitioner may produce the downloaded copy of the order passed by the Court before the Authorities concerned if required and the concerned Authority shall not insist for the certified copy of order, rather passing of order can be verified from the web-page of this Court.