1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR Justin Boniface V/s. State of Rajasthan & Anr. (S.B. Criminal Misc. Petition No.1106/2010) S.B. Criminal Misc. Petition under Section 482 of Criminal Procedure Code Date of Order :: July 12, 2010 HON'BLE MR.JUSTICE R.S.CHAUHAN Mr. Ashvin Garg for the Petitioner. Mrs. Alka Bhatnagar PP for the State. The petitioner is aggrieved by the order dated 03.04.2010 passed by the learned Additional Chief Judicial Magistrate No.12, Jaipur City, Jaipur, whereby the learned Magistrate has dismissed the petitioner's application under Section 70(2) read with Section 71 of Cr.P.C. According to the petitioner, in the year 2004, the complainant had filed a case against the petitioner for offence under Section 138 of Negotiable Instrument Act. Since 17.01.2004, the petitioner religiously attending the trial. However, on 27.07.2007, he had to leave Jaipur for some personal work. Therefore, he could not attend the trial. Since he did not know the future dates of the trial, he failed to appear before the Court. Therefore, warrant of arrest has been issued against him. Hence, the petitioner filed an application under 2 Section 70(2) of Cr.P.C. However, the said application has been dismissed, vide order dated 03.04.2010. Thus, this petition before this Court. The learned counsel for the petitioner contends that the petitioner does not have any intention to run away from the law. The petitioner has religiously attended the trial from 2004 to 2007. Therefore, he makes a limited prayer that the non- bailable warrant may be converted into bailable. The learned Public Prosecutor has opposed the prayer. Heard the learned counsel and perused the impugned order. Keeping in mind that the offence under Section 138 of the Act is a bailable one, keeping in mind that the petitioner had attended the trial regularly from 17.07.2004 to 27.07.2007, keeping in mind the undertaking given by the petitioner that he will regularly attend the Court, this Court converts the non- bailable warrant into bailable one. The petitioner is directed to appear before the learned trial Court on July 26, 2010. Till then, he shall not be arrested. Hence, this petition is, hereby, allowed. (R.S.CHAUHAN)J. A.Asopa/-