SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2008 Supreme(Online)(KER) 9801

HIGH COURT OF KERALA
R.BASANT, J
DR DIVAKAR SHETTY – Appellant
Versus
M/S BELL HOUSE ASSOCIATES PVT LTD – Respondent


ORDER

The petitioner faces indictment in a prosecution under Sec.138 of the Negotiable Instruments Act. As he did not enter appearance, a bailable warrant of arrest appears to have issued against him earlier. He came to this Court with a writ petition and by Annexure-A1 judgment, another Bench of this Court issued a direction, in the interests of justice, under Art.226 of the Constitution. The petitioner was directed to appear before the learned Magistrate on 4/8/05.

2. The petitioner has not so far entered appearance. He has reasons to urge. According to him, the case was not called on the Bench all these days and ultimately on 5/6/08 when the matter came up for hearing, the petitioner and the counsel were absent as there was a harthal called on that day and the movement had become virtually impossible. The learned Magistrate has issued a bailable warrant against the petitioner and the case now stands posted to 26/6/08.

3. The petitioner is willing to surrender before the learned Magistrate and seek regular bail. But he apprehends that when he surrenders, his application may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. He apprehends

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top