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S.NAGAMUTHU
S. Kannan – Appellant
Versus
State rep by the Inspector of Police, Ponneri, Thiruvallur District – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:T. Jurisman Fernando, Advocate.
For the Respondent:Mr. A. Saravanan. Government Advocate, [Criminal Side]

ORDER

S. Nagamuthu, J.—Apprehending arrest at the hands of the 1st respondent in connection with the case in S.T.C.No.1736 of 2008 on the file of the learned Judicial Magistrate No.1, Ponneri, Thiruvallur District, the petitioner, who happens to be the sole accused in the said case, has come up with this original petition. This case has been instituted on a private complaint filed by the 2nd respondent for an offence under Section 138 of the Negotiable Instruments Act, 1881.

2. On service of summons, the petitioner was appearing before the learned Judicial Magistrate. But on a particular date of hearing, he did not appear and therefore, non-bailable warrant was issued for his arrest. The petitioner was aggrieved by the same. He filed a petition before this Court in Crl. O.P. No.29499 of 2010 seeking anticipatory bail. However, this court disposed of the petition with .a direction to the petitioner to appear before the learned Magistrate with a petition under Section 70(2) of Cr.P.C. to recall the non-bailable warrant and with further direction to the learned Judicial Magistrate to recall the same. Subsequently, the petitioner appeared before the learned Magistrate on 31.12.2010 and r



























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