OF

REJECTION

OF

APPLICATION UNDER SECTION 82 OF CR.P.C. AND STOPPING

OF PROCEEDINGS U/S 258 OF CR.P.C., DATED 12.04.2019 IN

C.C.NO.122/2013 ON THE FILE OF THE ADDL. SENIOR CIVIL

JUDGE & JMFC COURT, MUDHOL, REGISTERED FOR THE

OFFENCES P/U/S 138 OF NI ACT AND RESTORE THE COMPLAINT

ON ITS FILE.

2

THIS PETITION COMING ON FOR ADMISSION THIS DAY,

THE COURT MADE THE FOLLOWING:

ORDER

The petitioner filed a private complaint under Section 200

of the Code of Criminal Procedure, 1973 against the respondent-

accused for the offence punishable under Section 138 of the

Negotiable Instruments Act, 1881 (for short, ‘the Act’). The

learned Magistrate after taking cognizance of the offence issued

summons to the accused and the same was duly served on the

accused. Since the respondent-accused remained absent, the

learned Magistrate ordered issuance of non-bailable warrant

against the accused and the same was returned with an

endorsement

“unexecuted”.

Once

again,

the

non-bailable

warrant was issued and the same was returned with an

endorsement “unexecuted” since the accused is not residing at

the given address.

2.

The petitioner/complainant filed an application under

Section 82 of Cr.P.C. praying to is