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2024 Supreme(Online)(RAJ) 27702

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE ARUN MONGA, J
AMIT KUMAR DAVE – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates:
Mr. S.P. Sharma, Mr. Shri Ram Choudhary, P.P.

                                                                                                                                                                             Order

24/10/2024

1. Petitioner/accused seeks quashing of orders dated 10.09.2024 passed by the Learned Additional Chief Judicial Magistrate No.1, Jalore, in Criminal Case No.4745/2014, pending under Section 138 of N.I. Act, for dishonour of a cheque for an amount of Rs.9,20,000/-. Learned trial court has forfeited his bail bonds, declared him as absconder, arrest warrant was issued against him, initiated proceedings under Section 82 & 83 Cr.P.C.

against him and under Section 446 Cr.P.C. against his surety.

2. Heard and perused the case file as well as the order impugned herein.

3. On a query posed by the Court regarding the default caused by the petitioner in his personal presence, learned counsel states that on 10.09.2024 and 11.09.2024, the petitioner had to attend to his ailing wife, who suddenly taken very ill. Under these circumstances, he had requested his counsel to take appropriate steps by filing an application to seek his exemption from personal appearance. However, the learned trial court took a harsh view

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