A party is entitled to receive certified copies of judicial proceedings, such as the issuance of a Non-Bailable Warrant, to enable them to exercise their legal right to challenge such orders and seek appropriate remedies.

Criminal Original Petition filed under Section 528 of BNSS, 2023 to direct the learned III Fast Track Court, Saidapet, Chennai, to furnish within a specified time the certified copies of the proceedings relating to the issuance of Non-Bailable Warrant dated 08.10.2025 in C.C.No.121 of 2018, as sought by the petitioner in CA.No.7243 of 2025 dated 11.12.2025.

ORDER

This criminal original petition has been filed seeking a direction to the III Fast Track Court, Saidapet, Chennai, to furnish the certified copies of the proceedings in respect of the issuance of Non-Bailable Warrant dated 08.10.2025 in C.C.No.121 of 2018, as sought by the petitioner in CA.No.7243 of 2025 dated 11.12.2025.

2. Brief facts are as follows:

2.1 The petitioner was convicted for the offence under Section 138 of the Negotiable Instruments Act, 1881 by the learned Metropolitan Magistrate, III Fast Track Court, Saidapet, Chennai, vide order dated 02.12.2023 made in C.C.No.121 of 2018, on the basis of the private complaint file by the respondent. Aggrieved by the same, the petitioner preferred an appeal before the XVII Additional City Civil Court, Chennai in Crl.A.No.812 of 2023 and the lower appellate court, vide order dated 28.03.2025, confirmed the order of the trial court. Aggrieved by the same, the petitioner preferred a revision before this Court in Crl.RC.No.673 of 2023 and this Court had rejected the relief of suspension of sentence sought by the petitioner and orders have been reserved in the criminal revision.

2.2 While such being the case, the petitioner came to know that a Non-Bailable Warrant has been issued against him on 08.12.2025. Immediately, the petitioner filed a copy application in C.A.No.7243 of 2025 before the trial court on 11.12.2025, seeking certified copies of the concerned proceedings, in order to put the same to challenge. However, as the same was not considered by the trial court, the petitioner has come up with this petition.

3. Learned counsel for the petitioner submitted that as the petitioner as well as his wife were denied the relief of suspension of sentence by this Court, they approached the Hon’ble Apex Court in SLP(Crl.).Nos.9773 & 9863 of 2025 and the interim suspension of sentence granted by the Hon’ble Apex Court in favour of the petitioner and his wife on 16.07.2025 was made absolute, vide order dated 01.09.2025 and this Court was directed to dispose of the revisions expeditiously, preferably within a period of four months. However, without considering the same, the trial court had issued a Non-Bailable Warrant against the petitioner, which itself is not sustainable and apart from that, the trial court had also miserably failed to furnish the copies of the process application filed by the complainant to issue NBW and also the certified copy of the NBW issued to the petitioner, enabling him to work out his remedy in the manner known to law. He further submitted that the petitioner is apprehending arrest and thereby, the copies of the concerned proceedings are very much necessary. Accordingly, he prayed for appropriate orders.

4. This Court gave its careful consideration to the arguments advanced by the learned counsel for the petitioner and perused the materials available on record.

5. Considering the facts and circumstances of the case and also taking into consideration the submissions made by the learned counsel for the petitioner, this Court is inclined to grant the prayer sought by the petitioner and accordingly, the learned Metropolitan Magistrate, III Fast Track Court, Saidapet, Chennai i