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2024 Supreme(Online)(RAJ) 27857

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


Advocates:
Mr. Mahendra Kumar Dudy, Ms. Sonu Manawat, PP

                                                                                                                                                                          Order

22/10/2024

1. Petitioner accused seeks quashing of order dated 27.06.2024 passed by learned Special Metropolitan Magistrate (NI Act cases) No.10, Jodhpur Metropolitan in Criminal Original Case No. 9326/2017 under Section 138 of N.I. Act, vide which, learned trial Court issued arrest warrant against the petitioner and also directed to initiate the proceedings under Section 446 Cr.P.C.

2. Learned counsel for the petitioner states that on the fateful day petitioner had to go out of station and he had requested his counsel to take appropriate steps to seek exemption from personal appearance. However, due to some miscommunication, his counsel could not file a written application and his oral request was rather harshly declined by the learned trial Court while issuing Non Bailable Warrants against the petitioner as well as initiation of proceedings under Section 446 of Cr.P.C. Despite these circumstances, the learned trial Court did not consider the petitioner's grievance and ordered the forfeiture of his bail bonds.

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