Setia Steels And Ors vs New Jan Trading Corporation

Sanjay Dhar, J

CrlM No.1519/2023:

This is an application seeking permission to place on record certified copy of order dated 07.11.2023 passed by learned Chief Judicial Magistrate, Srinagar.

For the reasons stated in the application, the same is allowed and the copy of order annexed to the application is taken on record.

Application disposed of.

CRM (M)No.636/2023:

The petitioners through the medium of instant petition have challenged order passed by learned Chief Judicial Magistrate, Srinagar, whereby non-bailable warrants have been issued against the petitioners. It has been contended that the learned Magistrate has issued non-bailable warrants against the petitioners without resorting to issuance of summons/bailable warrants in the first instance. It has been further contended that as petitioners No.1 and 2 were suffering from ailment, as a result of which they could not appear before the court below and in this regard an application was made before the learned Magistrate for recalling of the warrants but the same has not been considered by the learned trial Magistrate.

I have heard learned counsel for the petitioners and perused the record of the case.

It appears that a complaint has been lodged by the respondent against the petitioners before the learned trial Magistrate alleging commission of offence under Section 138 of Negotiable Instrument Act. It also appears that the learned Magistrate has taken cognizance of the offence and issued process against the petitioners. Order dated 07.11.2023, a copy whereof has been placed on record by the petitioners, reveals that the petitioners have been served on 10th October, 2023 and on the said date counsel on their behalf appeared before the court. On next date i.e, on 31.10.2023 the petitioners did not cause their appearance before the Court which prompted the learned Chief Judicial Magistrate to issue non-bailable warrants against the petitioners. Order dated 07.11.2023 further reveals that the petitioners had moved application for recalling of warrants without actually surrendering before the Chief Judicial Magistrate and the said application came to be dismissed on 07.11.2023.

From the aforesaid sequence of events it is clear that it is not a case where the learned Magistrate has issued non-bailable warrants in the first instance without resorting to issuance of summons/bailable warrants against the petitioners. It is only upon service of the process upon the petitioners and when they did not appear before the trial Magistrate that non-bailable warrants came to be issued against them. Therefore, no fault can be found in the manner in which the learned Magistrate has proceeded to issue non-bailable warrants against the petitioners for securing their presence before the Court. Thus, there is no ground to interfere in the impugned order passed by the learned trial Magistrate.

However, there is another aspect of the matter which requires to be noticed. The petitioners 1 and 2 are senior citizens and all the petitioners belong to Punjab State, therefore, it is provided that in the event the petitioners surrender before the learned trial Magistrate and make an application for recalling of warrants or for their exemption from appearance before the Court, the learned Magistrate shall consider the same favourably.

The petition stands disposed of accordingly.