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 individual rights as enshrined in Article 21 of the Constitution of India.

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 before the Court below, seeking an adjournment.

3. The complaint cases were fixed for hearing before the Court below on 09.11.2023. On that day, applications under Section 317 of Cr.P.C. were moved in all four complaint cases along with the copy of orders passed by this Court in different Criminal Miscellaneous Petitions dated 02.11.2023.

4. The learned trial Court rejected the application moved under Section 317 of Cr.P.C. and issued non-bailable warrants against the petitioners. Against the very orders, these petitions have been filed.

5. Mr. B.P. Sharma, learned counsel appearing for the petitioners, would submit that in the matter of the Negotiable Instruments Act particularly, in summon cases, the learned Court below should not have issued non-bailable warrants directly against the petitioners when counsel for the petitioners/accused was present before the Court below and an application under Section 317 of Cr.P.C. was moved in all complaint cases. He would submit that in the matter of Satender Kumar Antil vs. Central Bureau of Investigation, reported in (2022) 10 SCC 51, the Hon’ble Supreme Court has categorically held that the Court should not resort to issuance of non-bailable warrant against the accused at first instance. It is further stated that if the accused or their counsel are not taking interest in the prosecution of the case, the Court should issue a notice and, thereafter, a bailable warrant and then if the Court comes to the conclusion that the accused are avoiding their presence before the Court concerned then non-bailable warrants should be issued after recording satisfaction. The relevant para-graphs of the judgment passed by the Hon’ble Supreme Court in the matter of Satender Kumar Antil (supra) are quoted herein below:-

“36. This Court in Inder Mohan Goswami v. State of Uttaranchal, (2007) 12 SCC 1, has held that:

“50. Civilised countries have recognised that liberty is the most precious of all the human rights. The American Declaration of Independence, 1776, French Declaration of the Rights of Men and the Citizen, 1789, Universal Declaration of Human Rights and the International Covenant of Civil and Political Rights, 1966 all speak with one voice—liberty is the natural and inalienable right of every human being. Similarly, Article 21 of our Constitution proclaims that no one shall be deprived of his liberty except in accordance with procedure prescribed by law.

51. The issuance of non-bailable warrants involves interference with personal liberty. Arrest and imprisonment means deprivation of the most precious right of an individual. Therefore, the courts have to be extremely careful before issuing non-bailable warrants.

52. Just as liberty is precious for an individual so is the interest of the society in maintaining law and order. B