The petitioner has come up with the present petition seeking a direction to the learned Judicial Magistrate No.1, Poonamallee, to consider his petition to recall the warrant issued against him in CC.No.43 of 2015, pending on his file.
2. The case of the petitioner is that he was arrayed as A2 and he is facing prosecution along with other accused for the offence punishable under Section 138 of the Negotiable Instruments Act, in C.C.No.43 of 2015 on the file of the learned Judicial Magistrate No.1, Poonamallee. Due to his non-appearance, the learned Magistrate has issued non-bailable warrant against him in the said case. On coming to know about the same, the petitioner has filed the present petition for the above stated relief.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent, and he is in no way connected with the alleged offence as claimed by the second respondent/de-facto complainant. Learned counsel further submitted that the petitioner is ready and willing to appear before the learned Magistrate and to co- operate with the trial.
4. Heard the learned Additional Public Prosecutor appearing for the 1st respondent.
5. Considering the facts and circumstances of the case and also taking note of the submissions made by the learned counsel for the petitioner, this Court directs the petitioner to appear before the learned Judicial Magistrate No.1, Poonamallee, and file a petition under Section 70(2)Cr.P.C. to recall the warrant issued against him in C.C.No.43 of 2015 and on filing of such petition, the learned magistrate shall consider the same and pass appropriate orders on merits and in accordance with law, on the same day.
6. With the above directions, the Criminal Original Petition is disposed of.
jv/bri 16.03.2017 Note: Issue Order Copy on 03.04.2017 R.MAHADEVAN,J.
jv/bri To 1. The Inspector of Police, Central Crime Branch, EDF-III, Egmore, Chennai-600 008.
2 The Public Prosecutor, High Court, Madras 600 104.
Crl.O.P.No.5282 of 2017 16.03.2017