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RAKESH MOHAN PANDEY
Ycon Automobiles Enterprises Pvt. Ltd. – Appellant
Versus
Bhilai Engineering Corporation Limited – Respondent
ORDER :
1. In these bunch cases, non-bailable warrants have been issued against the petitioners by the learned Judicial Magistrate First Class Durg wherein the petitioners are being tried in complaint cases filed under Section 138 of the Negotiable Instruments Act (in short ‘NI Act’).
2. The facts of the present case are that complaint cases were filed under Section 200 of CrPC for taking cognizance of an offence under Section 138 of the NI Act against the petitioners as few cheques were issued in discharge of liability and the same were dishonoured, thereafter, mandatory demand notices were issued and ultimately, complaint cases were filed. The amount quoted in four cheques is Rs.25,00,000/- each and cheques were issued by the petitioners/accused in favour of the complainant. The petitioners filed these petitions under Section 482 of Cr.P.C. seeking therein liberty to adduce defence evidence as some of the petitioners are not the Directors of the Company in those complaint cases. In all petitions i.e. CRMP Nos. 2499 of 2023, 2497 of 2023, 1507 of 2023 & 1510 of 2023 notices were issued to the complainant and liberty was granted to the petitioners to move an appropriate application b
The judgment emphasizes the need for a careful and balanced approach in issuing non-bailable warrants, especially in cases involving personal liberty, and highlights the importance of preserving indi....
Non-bailable warrants should not be issued mechanically; courts must exercise careful scrutiny and ensure that sufficient grounds exist for their issuance to protect personal liberty.
Non-bailable warrants should be issued judiciously and in accordance with procedural requirements to avoid arbitrary infringement of personal liberty.
The court outlines guidelines for issuing warrants, emphasizing personal liberty and conditions for representation by counsel in criminal proceedings.
Issuance of non-bailable warrants must be justified by sufficient reasons; personal liberty must be balanced with societal interests, especially during extraordinary circumstances.
Issuance of Non-Bailable Warrants requires specific justifications and must not occur routinely; individual liberty should be prioritized unless necessitated by compelling circumstances.
Non-bailable warrants should not be issued routinely and must be justified with specific reasons, emphasizing the balance between individual rights and public interest.
Non-bailable warrants cannot be issued in a routine manner and must be supported by specific reasons to protect individual liberties under Articles 21 and 22 of the Constitution.
The Court emphasized the need to balance societal interest and personal liberty when issuing NBWs, especially considering the impact of the COVID-19 pandemic on travel.
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