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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE PRADEEP KUMAR SRIVASTAVA, J
Pankaj Kumar Yadav, Son Of Chaturi Yadav @ Chaturi Mahto – Appellant
Versus
The State Of Jharkhand – Respondent
ORDER :
PRADEEP KUMAR SRIVASTAVA , J.
1. On call, learned counsel for the petitioner as well as learned Spl.P.P. for State are present.
2. The instant case is filed before this court for quashing of the order dated 25.03.2019 passed by Sub-Divisional Judicial Magistrate, Latehar in complaint case No. 07/2018 in which the learned trial court has cancelled the bail bond of the petitioner and order to issue N.B.W and further prays to quash the order dated 11.04.2019 and 16.05.2019 passed by learned trial court to issue process of Section 82 of Cr.P.C.
3. Learned counsel for the petitioner submitted that the complaint case was filed for the offence under Section 138 of N.I. Act by the opposite party no.2 as the petitioner had received an amount of Rs.4,50,000/- for selling truck and rest amount had to be paid at the time of transfer of ownership but due to some documentation, the ownership of the vehicle could not be transferred. Thereafter, as per agreement dated 22.07.2017 a cheque of Rs. 2,50,000/- was given by the petitioner which was dishonored due to insufficiency of funds and upon the notice, neither the amount was refunded nor the notice was replied. The petitioner has surrendered
Court upheld the trial court's issuance of non-bailable warrant due to petitioner's negligence in complying with procedural requirements.
The court ruled that a Non-Bailable Warrant cannot be issued without prior cancellation of bail and due process, emphasizing the necessity of following legal procedures.
The deliberate misuse of bail and failure to challenge previous orders can justify the issuance of process under Section 82 of Cr.P.C., while the lack of reason and material can lead to the setting a....
Cancellation of bail without a hearing violates due process under the law.
The court has the discretion to direct the accused to appear before the trial court and move a regular bail application in cases of bailable offences.
Personal appearance is mandatory for bond acceptance under Section 88 Cr.P.C., and non-compliance can lead to rejection of applications.
The court emphasized the necessity of adhering to procedural requirements in issuing warrants, highlighting the importance of service reports and judicial discretion.
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