The court emphasized the consideration of statutory rights in addressing non-bailable warrants and the importance of the petitioner's undertaking to appear in subsequent hearings.

ORDER

This Criminal Original petition has been filed to direct the Metropolitan Magistrate Fast Track Court-I, Allikulam, Egmore, to recall the non-bailable warrant issued against the petitioner in C.C No.6950 of

2019 on the date of surrender before the trial court.

2. The petitioner is facing trial in C.C No.6950 of 2019 on the file of the Metropolitan Magistrate Fast Track Court-I, Allikulam, Egmore for the offences punishable under Sections 138 and 142 of Negotiable Instruments Act r/w Section 200 of Cr.P.C, and due to his non appearance, the trial Court issued Non-bailable warrant as against the petitioner on 12.11.2024.

3. The learned counsel appearing for the petitioner would submit that the petitioner was unaware of C.C.No.6950 of 2019 and no notice or bailable warrant was served on the petitioner. The petitioner, now, came to know about the same. Hence, he was unable to appear before the Metropolitan Magistrate Fast Track Court-I, Allikulam, Egmore, in respect of the case in C.C.No.6950 of 2019. Due to non appearance of the petitioner, non bailable warrant has been issued against the petitioner. He would further submit that the said absence is neither wilful nor wanton and he undertakes that the petitioner shall appear before the Court below regularly on all future hearing dates without fail.

4. Heard the learned Counsel appearing on either side and perused the materials placed on record.

5. Considering the undertaking given by the learned counsel for the petitioner, the petitioner is directed to appear before the learned Metropolitan Magistrate Fast Track Court-I, Allikulam, Egmore on the next hearing and to file a petition under Section 72(2) of Bharatiya Nagarik Suraksha Sanhita, 2023, to recall NBW already issued against him. On filing of such petition, the concerned learned Magistrate is directed to consider the same on its own merits in accordance with law and pass orders on the same day.

6. It is made clear that while considering the petition to recall NBW, the Court below shall bear in mind about the period of Non Bailable Warrant and any crime committed while pending Non Bailable Warrant. Mere direction issued by this Court to consider the application on the same day, does not amount to direction to consider the recall petition favourably.

7. With the above direction, this Criminal Original Petition is disposed of. 07.03.2025 Lpp Index:Yes/No Internet:Yes/No G.K.ILANTHIRAIYAN,J.