BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.01.2026 CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Vetriselvi ... Petitioner Vs.

Ramalakshmi ... Respondent PRAYER : Petition filed under Section 528 of BNSS, 2023 to direct the learned District Munsif cum Judicial Magistrate, Alangudi to recall the Non-Bailable Warrant issued against the petitioner / Accused, on the petitioner's surrender on the same day, in connection with S.T.C. No.315 of 2023 on the file of the learned District Munsif cum Judicial Magistrate, Alangudi.

For Petitioner : Mr. A. Balaji For Respondent : Ms. K. Nithya

ORDER

PROLOGUE

1. The criminal process is not merely a mechanism for securing convictions, but a constitutional instrument for balancing the competing imperatives of societal order, victim justice, and individual liberty. While the presence of an accused before the trial Court is indispensable for the orderly progress of criminal proceedings, coercive processes such as Non-Bailable Warrants are not intended to operate as punitive tools, divorced from the realities of human conduct and procedural contingencies.

2. Equally, the inherent jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 CrPC) is extraordinary in nature and cannot be permitted to supplant or short- circuit the statutory remedies expressly provided before the trial Courts. An overzealous invocation of such jurisdiction in matters relating to recall of warrants would not only erode the authority of trial Courts but would also impede the expeditious disposal of criminal cases, thereby frustrating the mandate of Article 21 of the Constitution of India.

3. It is in the above constitutional and statutory backdrop that the present Criminal Original Petition, seeking a direction relating to recall of a Non-

Bailable Warrant, falls for consideration.

GIST OF THE CASES & RELIEF SOUGHT

4. Gist of the Case:

The petitioner and the respondent were acquainted and on such familiarity, the petitioner had borrowed a sum of Rs.9,80,000/- from the respondent on 28.01.2021 for her family needs. Thereafter, the petitioner failed to repay the said amount. Due to the demand made by the respondent, the petitioner issued cheque bearing No.114454 dated 03.07.2023 drawn on Axis Bank Ltd., Pudukkottai Branch for a sum of Rs.9,80,000/- to the respondent. When the same was presented for collection, it was returned on 04.07.2023 as 'account closed'. Upon issuing legal notice to the petitioner, the respondent lodged a complaint against the petitioner under Section 138 of Negotiable Instruments Act. 5. Relief Sought:

Seeking direction to the learned District Munsif cum Judicial Magistrate, Alangudi to recall the Non-Bailable Warrant issued against the petitioner / Accused, on the petitioner's surrender on the same day, in connection with S.T.C. No.315 of 2023 on the file of the learned District Munsif cum Judicial Magistrate, Alangudi.

6. Grounds urged by the petitioner:

The petitioner regularly appeared before the trial Court and participated in the proceedings without fail. Since she underwent continuous treatment for severe uterus issues at Sri Ramachandra Medical Centre, Porur and excessive bleeding, she could neither personally attend the Court nor contact her counsel to mark her appearance on certain hearings. She further contended that she is only breadwinner of her family and solely taking care of her two children, after demise of her husband. Hence, she has filed the present petitioner seeking the aforesaid prayer.

Submissions:

7. The learned counsel for the petitioner relying upon the judgment of this Court in Crl.O.P.No.6472 of 2025 dated 07.03.2025, Crl.O.P.No.4514 of 2016 dated 02.03.2016 and similar orders, submitted that, this Court has appreciated similar cases and had allowed the same by directing the petitioner to appear before the learned trial Court and file a petition under Section 70(2) of Cr.P.C,1973/ 72(2) of BNSS,2023, to