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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-09-2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN and CRL MP No. 16692 of 2026 S.Prabhakaran ..Petitioner Vs M/s.Avanse Financial Services Limited Having its Registered and Corporate Office at 001 and 002, fulcrum, A Wing, Ground Floor, Sahar Road, Andheri (East).

Mumbai-400 099.

Rep by Authorized Signatory Navin .P.

..Respondent PRAYER : Criminal Original Petition filed under Section 528 of the Bharathiya Nagarik Suraksha Sanhita, 2023, praying to call for the records relating to the impugned docket order dated 02.06.2026 passed in S.T.C.No.10829 of 2025 on the file of the Learned IX Metropolitan Magistrate, Fast Track Court at Magistrate Level-I, Egmore at Allikulam, Chennai whereby a Non-Bailable Warrant was issued against the petitioner/Accused and Quash the same and consequently direct the learned Magistrate to entertain and consider the petition filed by the petitioner through his counsel for recall of the Bailable Warrant, if any without insisting upon the petitioner’s physical appearance on the strength of his written undertaking to appear before the trial Court on the dated fixed by the Learned Magistrate and to participate in the proceedings thereafter.

For Petitioner: Mr. P.R.Thiruneelakandan

ORDER

This Criminal Original petition has been filed challenging the docket order dated 02.06.2026 passed in S.T.C.No.10829 of 2025 on the file of the learned IX Metropolitan Magistrate, Fast Track Court at Magisterial Level-I, Egmore at Allikulam, Chennai, thereby issuing a non-bailable warrant as against the petitioner and consequently to direct the learned IX Metropolitan Magistrate, Fast Track Court at Magisterial Level-I, Egmore at Allikulam, Chennai, to recall the non-bailable warrant issued against the petitioner in S.T.C.No.10829 of 2025 on the date of his surrender before the trial court. 2. The petitioner is facing trial in S.T.C.No.10829 of 2025 on the file of the learned IX Metropolitan Magistrate, Fast Track Court at Magisterial Level-I, Egmore at Allikulam, Chennai, for offences punishable under Section 138 of the Negotiable Instruments Act and due to his non appearance, the trial Court issued Non-bailable warrant as against the petitioner on 02.06.2026. 3. The learned counsel appearing for the petitioner would submit that after closure of his business, he was employed in a private company. He would further submit that the petitioner’s absence before the trial court was neither wilful nor wanton and undertakes that the petitioner shall regularly appear before the Court below 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 IX Metropolitan Magistrate, Fast Track Court at Magisterial Level-I, Egmore at Allikulam, Chennai, 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. Consequently, connected miscellaneous petition is closed.

07-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No LPP G.K.ILANTHIRAIYAN J.

LPP To The IX Metropolitan Magistrate, Fast Track Court at Magistrate Level-I, Egmore