JUDGMENT :

Sanjay K. Agrawal, J.

1. The petitioner herein takes exception to order dated 10/11/2022 passed by learned Judicial Magistrate First Class, Kharsia in Complaint Case No. 125/2022 by which bailable warrant has been issued against him for offence punishable under Sections 420, 467, 468, 471, 465 read with Section 34 of the IPC.

2. The aforesaid challenge has been made on the following factual backdrop :-

i) Respondent No. 2/complainant moved an application under Section 200 of CrPC along with an application under Section 156(3) of CrPC in which learned Magistrate recorded the statements of respondent No. 2/complainant and his son Dev Singh Yadav and vide order dated 12/10/2022, he took cognizance of above-stated offences against Accused No. 1 - Setram Kapileshwar Patel, Accused No. 2 - J.S.W. Ispat Special Product Ltd. and Accused No. 3 - Rahul Gupta and accordingly, issued summons to them.

ii) On 03/11/2022, service report was received and since summons were issued to Accused No. 1 and 2 and both of them failed to appear, bailable warrant was issued to them for their appearance on 14/11/2022, however, summon issued to Accused No. 3 came back unserved stating that he is not wor