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Issues involved: Challenge to orders u/s 138/141 of Negotiable Instruments Act, 1881 - issuance of non-bailable warrants and process u/s 82/83 Cr.P.C.
Non-bailable Warrants: The petitioner challenged the orders dated 14th July, 2006, and 26th August, 2006, regarding the issuance of non-bailable warrants against him in a complaint case u/s 138/141 of the Negotiable Instruments Act, 1881. The petitioner had appeared through his counsel on the specified dates and moved applications for exemption from personal appearance. The learned Trial Court dismissed the exemption application and issued non-bailable warrants against the petitioner. The petitioner contended that in cases like this, non-bailable warrants should not have been issued when he was appearing through counsel. The petitioner relied on various judgments to support his argument. The Court referred to previous directions issued for criminal courts, emphasizing that rejection of an application for exemption from personal appearance does not amount to non-appearance, absconding, or failure to obey summons, warranting the issuance of a warrant of arrest. The Court held that in this case, where the petitioner was not absconding and was represented through counsel, the non-bailable warrants should not have been issued. Process u/s 82/83 Cr.P.C.: The petitioner also challenged the order dated 26th August, 2006, which initiated the process u/s 82/83 Cr.P.C. against him. Despite the petitioner's lawyer appearing and moving an application for exemption on that date, the process under Section 82/83 was still initiated. The petitioner argued that in such circumstances, where he was not absconding and was appearing through counsel, the process under Section 82/83 should not have been issued. The Court referred to previous judgments and directions for compliance by the learned Magistrates and Courts of Sessions, emphasizing the need to release the accused on bail in bailable offences. Considering the principles laid down in the judgments and the petitioner's assurance to appear before the Trial Court, the Court quashed the order under Section 82/83 Cr.P.C. against the petitioner. The non-bailable warrants were not to be executed, and the petitioner was directed to appear before the Trial Court and seek regular bail.
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