Somnath Biswas vs State Of Jharkhand

Sanjay Kumar Dwivedi, J

Heard Mr. Pratik Singh, learned JC to Mr. Rohit Agarwal learned counsel appearing for the petitioner and Mr. Prabhat Kumar, learned counsel appearing for the State.

The prayer in the writ petition is made for quashing of the order dated 09.06.2023 passed in connection with Complaint Case No.2893 of 2021 whereby the prayer made by the petitioner for issuing the non bailable warrant against the respondent No.2 has been rejected.

Learned counsel appearing for the petitioner submits that the learned Court has erroneously passed the said order and in view of that the said order may kindly be quashed.

Learned counsel appearing for the respondent State by way of drawing the attention of the Court to the impugned order dated 09.06.2023 submits that the respondent No.2 has already appeared before the learned Court and in view of that the non bailable warrant was not issued and the said petition has been rejected by the Court.

Admittedly, the case is arising out of Section 138 of the Negotiable Instruments Act and the respondent No.2 has already appeared before the learned Court and in view of that rightly non bailable warrant has not been issued against the respondent No.2 as he has already appeared before the learned court at the time of passing of the order dated 09.06.2023 and there is no illegality in the said order. Accordingly, this petition is dismissed.