IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.7563/2018 BETWEEN:
SRI. K. NAGAPRASAD AGED ABOUT 45 YEARS PROPRIETOR, M/S SAFE TRADE ADVISORS AMRIT PLAZA NO.1099 UPPER FLOOR, KN LANE OTC ROAD, BANGALORE–560 002 AND ALSO AT NO.369 30TH MAIN, 13TH CROSS ATTIMABBE ROAD BSK, 2ND STAGE BANGALORE – 40.
(BY SRI. A. GOPIPRAKASH., ADVOCATE) AND:
SRI. M/S JAYAPATHRI INVESTMENT PVT. LTD. OFFICE AT NO. 109, 1ST FLOOR MID FORD HOUSE MID FORD GARDENS OFF: M.G. ROAD BANGALORE – 560 001 REPRESENTE BY ITS DIRECTOR SRI. A. RUDRAGOUD BANGLAORE – 560 001.
... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED:28.08.2018 PASSED BY THE XXI ADDL.C.M.M., BENGALURU IN C.C.NO.12927/2017 IN THE ABOVE CASE.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition is filed by the accused in C.C.No.12927/2017 challenging the order dated 28.08.2018 whereunder trial Court has dismissed the application filed under Section 70(2) of Cr.P.C. for recalling of Non Bailable Warrant issued against him 2. As could be seen from the impugned order, for past one and half years petitioner-accused has not appeared before trial Court and as such non-bailable warrant came to be issued against petitioner. For recall of said order, an application under Section 70(2) Cr.P.C. came to be filed and even after filing of said application petitioner/accused did not appear before the trial Court. For this reason, learned trial Judge has opined that accused is attempting to drag on the proceedings. Hence, trial Court has rightly rejected the said application. However, it is necessary to observe at this juncture that proceedings has been initiated against petitioner/accused under Section 138 of Negotiable Instruments Act, 1881 and it would suffice if liberty is granted to petitioner/accused to file application afresh, for recall of non-bailable warrant if warrant issued already has not been recalled and executed. In the event of such an application being filed and petitioner/accused appearing before the trial Court, same shall be considered sympathetically by the trial Court and on the same day, which would be subject to petitioner/accused appearing before the Court. For the reasons aforestated, criminal petition stands disposed of.
In view of petition having been disposed of, I.A.No.1/2018 for stay and I.A.No.2/2018 for dispensation of production of typed copy of entire order sheet, does not survive for consideration and they are rejected.
SD/-
JUDGE DR