2. It is the case of the petitioner that the respondent herein filed private complaint as against the petitioner under Section 138 of Negotiable Instruments Act and the same was taken on file as C.C.No.1037 of 2013 by the learned VII Metropolitan Magistrate, George Town, Chennai, which was subsequently transferred to the file of learned Metropolitan Magistrate Court (Fast Track Court No.IV), George Town, Chennai. Further, the learned Magistrate has issued a non bailable warrant against the petitioner, as he was not present on 06.10.2016. Aggrieved over the same, the petitioner is before this Court with the present petition.
3. Learned counsel for the petitioner submitted that the petitioner is suffering from diabetes and also suffered heart attack and due to his ill-health, he was not present on the date of hearing. As such, his non-appearance before the trial court on the particular date is neither wilful nor wanton. Learned counsel further submitted that the petitioner is ready and willing to abide by any condition that may be imposed by this Court.
4. I have also heard the learned Additional Public Prosecutor, who took notice for the second respondent.
5. Having considered the facts and circumstances of the case and taking note of the ill-health of the petitioner, this Court directs the petitioner to appear before the learned Metropolitan Magistrate Court (Fast Track Court No.IV), George Town, Chennai by filing an application under Section 70(2) Cr.P.C to re-call the warrant issued in CC No.1037 of 2013 and on filing of such application, the learned Magistrate shall consider the same and pass appropriate orders on the same day. This Criminal Original Petition is disposed of accordingly.
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1. The Inspector of Police, Kayaru Police Station Kancheepuram District
2. The Public Prosecutor, High Court, Madras.
R. MAHADEVAN.J., sr Crl.O.P.No.12048/2017 28-6-2017