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2004 Supreme(Mad) 393

A.K.RAJAN
R. Sarathkumar – Appellant
Versus
The Inspector of Police, C-9, Police Station, Neelankarai, Cheenai – Respondent


Advocates:
K.Ramu, for L.Murali Krishnan, for Petitioner.
I.Subramanian, Public Prosecutor, for Respondent.

ORDER: This is a petition for anticipatory bail, in a case under Sec. 138, Negotiable Instruments Act.

2. In the petition it is stated that one Ramesh has lodged a false complaint under Sec. 138 of the Negotiable Instruments Act, before IX Metropolitan Magistrate, Saidapet, Chennai, in C.C.No.1949 of 2003 against the petitioner. The learned counsel for the petitioner states that the matter was compromised on 24.3.2003, and the complainant agreed to withdraw the complaint on receiving Rs.30,00,000 and had also received the said sum. The complainant had also agreed not to proceed with the complaint and agreed to withdraw the same. Further, summons in this case was not served on the petitioner. Believing the words of the complainant, the petitioner did not appear before the Court. When the petitioner came to know that a non-bailable warrant had been issued by the Court as if the summons had been personally served on him, he was shocked. He apprehends that he may be arrested by executing the warrant. Hence, he has filed this petition.

3. The learned counsel for the petitioner states that the warrant has been issued mechanically; that he is prepared to be available for interrogation, on p






















































































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