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K.N.BASHA
Regupathi – Appellant
Versus
Govindan. – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mr. A. Balaguru, Advocate.
For the Respondents:Mr. V. Madhavan, Government Advocate.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  • The case involves an application for anticipatory bail by the petitioner facing trial under Section 138 of the Negotiable Instruments Act, which relates to the dishonour of a cheque (!) (!) .
  • The petitioner was unable to appear before the trial court on the scheduled date, leading to the issuance of a non-bailable warrant (NBW) against him (!) (!) .
  • The offence under Section 138 of the Negotiable Instruments Act is a bailable offence, and the proper procedure under the Criminal Procedure Code (Cr.P.C.) requires that a bailable warrant be issued initially, with non-bailable warrants only being issued if the person fails to appear after the bailable warrant has been executed (!) (!) (!) (!) (!) (!) (!) (!) .
  • The Magistrate's issuance of a non-bailable warrant without prior issuance of a bailable warrant was deemed illegal (!) (!) .
  • The court recognized that, despite the offence being bailable, the Magistrate has the authority to grant anticipatory bail and that the issuance of a non-bailable warrant in such circumstances is contrary to procedural requirements (!) (!) (!) .
  • The court emphasized that, in cases under Section 138, the Magistrate should always issue a bailable warrant at the outset, and only if the person does not appear after the execution of such warrant, can a non-bailable warrant be issued (!) (!) .
  • Considering these principles, the court granted anticipatory bail to the petitioner, subject to the petitioner executing a bond of Rs. 10,000 with two sureties of like amount, and surrendering before the court within two weeks for the bond to be executed (!) (!) .
  • The order stipulates that failure to surrender within the specified period will result in the cancellation of the bail order (!) .
  • The court invoked its powers under Section 482 of the Cr.P.C. to grant anticipatory bail, given the procedural irregularity committed by the Magistrate (!) (!) (!) .

Please let me know if you need further analysis or assistance with this case.


Order

K.N. Basha, J.—The petitioner has come forward with this petition, praying to grant anticipatory bail for him on the ground that he is facing trial in C.C. No. 324 of 2004 on the file of the Court of Judicial Magistrate, Kallakuruchi, for the offence under Section 138 of the Negotiable Instruments Act wherein a non-bailable warrant is issued against him.

2. Heard both sides.

3. Mr. A. Balaguru, the learned Counsel for the petitioner submitted that the petitioner was not able to appear before the Trial Court on 15.7.2005, though he was regularly appearing for all the dates of hearing, as a result of which, the learned Magistrate has issued a non-bailable warrant against the petitioner.

4. The offence under Section 138 of the Negotiable Instruments Act is a bailable one, since the same is punishable with imprisonment for a maximum period of two years. But, unfortunately, the learned Magistrate has issued non-bailable warrant without a preceding bailable warrant where the offence is bailable, is not in accordance with the scheme of the Criminal Procedure Code and hence illegal. Therefore, while exercising the power conferred under Section 87, Cr.P.C. and issuing a warrant, in a ca























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