Harbans Lal, J.: This bail application under Section 438, Cr.P.C. has been filed for release of petitioner Mahesh Kumar Sharma on bail for transit period. He has been summoned through arrest warrant in a case for offence under Section 138 of the Negotiable Instruments Act, 1881 to appear in Court. He has been declined bail by the learned Additional District and Sessions Judge No. 1, Jaipur District, Jaipur vide Order dated 28.4.2005.

2. Learned counsel for the petitioner has submitted that the petitioner is a handicapped person who could not appear in the concerned Court of Tamil Nadu in compliance of the summons issued to him due to his economic and family problem; as a result of which, non-bailable warrant has been issued against him. The offence is bailable one and is triable by a Magistrate of 1st Class. In this connection, he has placed reliance on the case of Chandan Mal J. Jain v. State of Maharashtra & Anr.1, wherein it has been held by this Court in an identical case that transit bail may be granted to the accused petitioner against whom there is a complaint for offence under Section 138 of the Negotiable Instruments Act, 1881 and against whom non-bailable warrant