Back
2011 Supreme(Jhk) 1110
[2012 (1) East Cr C 403 (Jhr)]
JHARKHAND HIGH COURT
P.P. BHATT, J.
Rohit Kumar Singh - Petitioner
Versus
State of Jharkhand & Anr. - Respondents
W.P. (Cri) No. 376 of 2011,
Decided on : December 16, 2011
Ms. Nazia Afroz, for the petitioner.
JC to AAG, for the State.
The court can quash a non-bailable warrant of arrest if it finds genuine reasons for non-appearance and assurance of cooperation by the petitioner.
Headnote:
Quashing of Non-Bailable Warrant - Negotiable Instruments Act - The court quashed the non-bailable warrant of arrest issued against the petitioner under Section 138 of the Negotiable Instruments Act, considering the genuine reason for non-appearance and the assurance of cooperation by the petitioner.
Fact of the Case:
The petitioner filed a petition to quash the order of non-bailable warrant of arrest issued against him in a case under Section 138 of the Negotiable Instruments Act, citing genuine reasons for non-appearance due to hospitalization.
Finding of the Court:
The court found the reason for non-appearance to be genuine and valid, and with the assurance of cooperation by the petitioner, quashed the order of non-bailable warrant of arrest.
Issues: The issue was the validity of the non-bailable warrant of arrest issued against the petitioner for non-appearance in a case under Section 138 of the Negotiable Instruments Act.
Ratio Decidendi: The court considered the genuine reason for non-appearance and the assurance of cooperation by the petitioner in quashing the non-bailable warrant of arrest.
Final Decision: The court quashed the order of non-bailable warrant of arrest and directed the petitioner to remain present and cooperate in the proceedings before the lower court.
By the Court.-Heard the learned counsel for the parties and perused the papers.
2. With the consent of the learned counsel for the parties, the matter is taken up and listed for admission but now it is taken up for final disposal.
3. The present petition is filed with a prayer that appropriate writ may be issued for quashing and setting aside the order dated 8.3.2011, passed in complaint bearing No. C/1 Case No. 1749 of 2010 (case is under Section 138 of the Negotiable Instruments Act), now pending in the Court of the Judicial Magistrate, 1st Class, Jamshedpur, whereby non-bailable warrant of arrest has been issued against the petitioner on account of non appearance by the petitioner.
4. The learned counsel appearing on behalf of the petitioner has invited attention of this Court to Annexures 1 and 2, i.e. the medical case papers relating to the treatment of the petitioner and according to the learned counsel for the petitioner, the petitioner was hospitalised as an indoor patient and therefore, he could not remain present and mark his presence on the date fixed by the Court. The reason for non-appearance appears to be genuine and valid from the aforesaid documents. Today, learned counsel for the petitioner assured that on the next date of hearing and subsequent thereto, the petitioner will co-operate in the proceeding pending before Court below and will remain present as and when required by the Court. The interest of respondent No. 2-H.D.F.C. Bank is not going to affect adversely, if appropriate order asking the petitioner to remain present on the next date of hearing and further direction to cooperate in the Court proceeding is passed by this Court.
5. Having regard to the facts and circumstances of the present case, the order dated 8.3.2011 passed by the Judicial Magistrate, 1st Class, Jamshedpur in complaint bearing No. C/1 Case No. 1749 of 2010 filed under Section 138 of the Negotiable Instruments Act, whereby non-bailable warrant of arrest has been issued against the petitioner is hereby quashed and set aside. The petitioner is directed to remain present before the Court of the Judicial Magistrate, 1st Class, Jamshedpur on 23rd December, 2011 and shall cooperate in the proceedings and shall remain present as and when required by the Court below.
Ordered accordingly.
