Madras High Court
Durai Srinivasan vs Sree Gokulam Chit And Finance ... on 15 April, 2021
CRL.O.P.No.7038 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.04.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No.7038 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,
Tiruvallur 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) Tiruvallur to recall the non-bailable warrant issued
against the petitioner in C.C.No.24 of 2014.
For Petitioner : Mr.S.Gowrishankar
For Respondent : Mr.M.Mohamed Riyaz,
Additional Public Prosecutor
Page No.1 of 8
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.7038 of 2021
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.24 of 2014.
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 the petitioner in C.C.No.24 of 2014.
NBW, which was issued on 30.12.2020.
3. The contention of the petitioner is that the petitioner is a
aged person and he is very near to Arakonam. However, his 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.
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CRL.O.P.No.7038 of 2021
This Court by the order dated 12.12.2020 has disposed of the Criminal
Original Petitions to quash and dispensed with the appearance of the
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.
Appearance of the accused dispensed with. No representation on behalf
of him. As per the order dated 12.12.2020, this Court directed to expedite
the trial and 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. In view of
the same, the petitioner contention 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 and hence,
filed the above Criminal Original Petition for recalling the said Non-
Bailable Warrant.
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CRL.O.P.No.7038 of 2021
4. The contention of the respondent/complainant is a chit
and a Finance Company, the petitioner approached him and he
subsequently had taken a chit amount and for the interest and liability, he
had issued cheques and the cheques got dishonored. Now, after receiving
the entire chit amount, for the discharge of his liability, cheques were
given, however, the 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 and for the past 7 years,
the case has been kept in pending for one reason or other.
5. Considering the submission 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
petition in the year 2014 and which was disposed of certain directions
and since the case was periodically adjourned before the trial Court,
finally, the petition was disposed of on 12.12.2020, and thereafter the
trial Court, on 30.12.2020, recorded the observations of this Court in the
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CRL.O.P.No.7038 of 2021
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, thereafter, 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 issue NBW so that the trial
Court can be progress and 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, after issuance of
notice, and thereafter only, 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
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CRL.O.P.No.7038 of 2021
has approached this Court and at this stage, this Court is not inclined to
entertain the petition.
7. Therefore, the counsel for the petitioner sought
permission to withdraw the petition. Hence, permission is granted. With
the above direction, this Criminal Original Petition is dismissed as
withdrawn. It is open to the petitioner to approach the trial Court for his
remedy to recall the NBW.
15.04.2021
Index: Yes/No
Internet: Yes/No
dna
Note: Issue order copy on 16.04.2021
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.7038 of 2021
To
1.The Fast Track Judge (Magistrate Level) Tiruvallur.
2.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.7038 of 2021
M.NIRMAL KUMAR, J.
dna
CRL.O.P.No.7038 of 2021
15.04.2021
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.7038 of 2021
https://www.mhc.tn.gov.in/judis/
