Madras High Court
Durai Srinivasan vs Sree Gokulam Chit And Finance ... on 20 April, 2021
Crl.OP.No.7355 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.04.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.OP.No.7355 of 2021
Durai Srinivasan ... Petitioner
Versus
Sree Gokulam Chit and Finance Company Pvt.Ltd.,
Rep.by its Business Manager and Law Officer,
6/7, V.R.Complex Mothilal Street,
Thiruvallur Town and District. ... Respondent
PRAYER: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, to direct the learned Fast Track Judge (Magistrate
Level), Thiruvallur to recall the non-bailable warrant issued dated
30.12.2020 against the petitioner in C.C.No.27 of 2014.
For Petitioner : Mr.G.Jeremiah
ORDER
This Criminal Original Petition has been filed to direct the learned
Fast Track Judge (Magistrate Level) Tiruvallur to recall the non-bailable
warrant issued against the petitioner in C.C.No.27 of 2014.
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Crl.OP.No.7355 of 2021
2. The petitioner, who is the sole accused in C.C.Nos.24, 27 & 34
of 2014 which are pending before the Fast Track Judge (Magistrate
Level) Tiruvallur, had filed this petition seeking a direction to recall the
Non-bailable Warrant issued against him in C.C.No.27 of 2014 on
30.12.2020.
3. The contention of the learned counsel for the petitioner is that
the petitioner/accused is an aged person and he is residing near
Arakonam. The petitioner/accused appearance before the trial court was
dispensed with and the Advocate has also not appeared before the trial
Court. He also submitted that quash petitions were filed before this Court
in Crl.O.P.Nos.19312 to 19314 of 2014 and this Court by order dated
12.12.2020 has disposed of the Criminal Original Petitions and dispensed
with the appearance of the petitioner/accused. On 30.12.2020, the
complainant was absent before the trial court and petition under Section
256 of Cr.P.C., was filed and allowed. As per the order dated
12.12.2020, this Court directed the trial court to expedite the trial and
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Crl.OP.No.7355 of 2021
complete the same as early as possible and also ordered that the order
will not stand on the way of the trial Court to insist for the appearance of
the petitioner for receiving copies under Section 207 of Cr.P.C., framing
of charges, questioning under Section 313 Cr.P.C and judgment and as
and when the trial Court feels it necessary. The specific contention of the
learned counsel for the petitioner is that due to Covid-19, he was unable
to contact his counsel and hence, he was not aware of the hearing date
and hence, he has not appeared before the trial Court and the trial Court
had issued Non-Bailable Warrant against him on 30.12.2020. Hence, he
filed the above Criminal Original Petition for recalling the said Non-
Bailable Warrant.
4. The respondent/complainant is a chit and a Finance Company.
The petitioner approached him and had taken a chit amount and for the
interest and liability, he had issued cheques and the cheques got
dishonored. Further, the petitioner/accused conveniently closed his
account. Thereafter, statutory notice was issued and an untenable reply
was received from the accused. The Calender Case is of the year 2013
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Crl.OP.No.7355 of 2021
and for the past 7 years, the case has been kept pending for one reason or
other.
5. Considering the submissions and on a perusal of the materials, it
is seen that the Calender Case is of the year 2013 and the case is pending
before the Fast Track Judge (Magistrate Level) Thiruvallur for more than
7 years. The petitioner had filed the quash petitions in the year 2014,
which were disposed of with certain directions and since the case was
periodically adjourned before the trial Court, they were disposed of only
on 12.12.2020, and thereafter the trial Court, on 30.12.2020, recorded
the observations of this Court in the quash petition. The
respondent/complainant was ready before the trial Court along with the
proof affidavit and no one represented the accused before the trial Court
and the learned counsel for the accused was not present. Since both of
them were not available, notice was taken to the petitioner for his
appearance and the petitioner has not received the notice and the notice
was returned as 'unclaimed'. After giving several adjournments, the trial
Court issued NBW against the accused. The trial Court is empowered to
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Crl.OP.No.7355 of 2021
issue NBW so that the accused can be produced before the trial Court.
Either the accused or his counsel should participate in the trial and if both
of them have not appeared before the trial Court, the trial Court has got
powers to issue NBW, and in this case, only after issuance of notice,
NBW was issued.
6. In view of the same, this Court finds that the issuance of NBW is
absolutely right. The prayer sought for by the petitioner has to be granted
only by the trial Court taking into consideration of the case and not by
this Court. Without approaching the trial Court, the petitioner has
approached this Court and at this stage, this Court is not inclined to
entertain the petition. The lower court may consider the petition filed by
the petitioner under Section 317 of Cr.P.C. liberally.
7. Accordingly, this Criminal Original Petition is dismissed.
20.04.2021
mbi
Index: Yes/No
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Crl.OP.No.7355 of 2021
Internet: Yes
Speaking/Non-Speaking Order
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Crl.OP.No.7355 of 2021
M.NIRMAL KUMAR, J.
mbi
To
1.The Fast Track Court (Magistrate Level),
Thiruvallur.
2.The Public Prosecutor,
Madras High Court,
Chennai.
Crl.OP.No.7355 of 2021
20.04.2021
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