This petition is filed by the petitioner for quashing the

Non-Bailable Warrant (hereinafter referred to as 'NBW' for

short) issued on 30.09.2022 by the learned XXI ACMM,

Bengaluru.

2.

Looking into the facts and circumstances of the

case, issuing notice to the respondent is dispensed with.

3.

Learned counsel for the petitioner submits that

the trial Court issued summons which was not served as the

petitioner was not in the address. As per the report of the

Police, NBW has been issued and prayed for quashing the

NBW.

4.

Having heard the arguments and perused the

order sheet of the trial Court, it reveals that though the trial

Court took cognizance and issued summons to the

petitioner as per Section 204 of Cr.P.C., subsequently, the

petitioner appeared before the Magistrate through an

advocate by filing vakalath and got exemption under

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Section 205 of Cr.P.C. as per the order sheet dated

06.12.2019.

Subsequently,

case

was

adjourned

to

04.01.2020. The petitioner was absent and filed exemption

application and it was allowed. Thereafter, the case was

adjourned to 31.01.2020. Again, the petitioner was absent,

NBW has been issued by the Magistrate and thereafter, the

Trial Court has continuously issued NBW, but the petitioner

did not appear and even the counsel has not chosen to

produce the petitioner before the Magistrate and to get bail.

The alleged offence against the petitioner is under Section

138 of Negotiable Instruments Act, 1881, which is summary

in nature and bailable offence.

5.

The trial Court rightly issued the NBW for non

bailable offence of the petitioner. Once the accused

appeared through the advocate and got exemption under

Section 205 of Cr.P.C., the question of reissuing summons

does not arise.

6.

It is the recourse available to the petitioner that

he has to voluntarily surrender before the Magistrate and

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make an application under Section 436 of Cr.P.C. and file an

application under Section 70(2) of Cr.P.C. for cancellation of

the NBW. Therefore, this Court need not to quash NBW for

the reason that there is a special provision available to the

Magistrate or Court in which the NBW has been issued and

who has the power to cancel/recall the NBW. Therefore, the

petition is hereby liable to be dismissed.

7.

Accordingly, dismissed. However, the petitioner

is directed to approach the Magistrate seeking bail as well

as filing application for cancellation of warrant. If such

application is filed, the Magistrate shall consider the same in

accordance with law.

In view of dismissal of the above petition, pending

IA's do not survive for consideration. Hence, the same are

also disposed off.

Sd/-

JUDGE

NR/-