IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No.311 of 2008 (U/s 482 Cr.P.C.) Mohd. Sazid ……. Petitioner Versus Pradeep Kumar Bansal ..…. Respondent Dated: December 22, 2011 Sri Manish Arora, Advocate for the petitioner Hon’ble Servesh Kumar Gupta , J. This petition has been filed u/s 482 Cr.P.C. seeking to quash and set aside the orders dated 24.8.2007, 19.3.2008 and 5.4.2008 passed by the Judicial Magistrate, Roorkee in Criminal Complaint Case No.2897 of 2006, Pradeep Kumar Vs. Mohd. Sazid u/s 138 of the Negotiable Instruments Act. None has turned up on behalf of the respondent even in the revised call, nonetheless he has been personally served. It appears that due to severe indisposition of his brother, the accused became absent, because of which, his arrest warrant was issued by the court. It has been argued that the applicant moved an application for his exemption in the Court on 19.3.2008, by putting his appearance before the Magistrate. Since, the Magistrate was on leave on that day, as such, the order sheet was written by the Reader, issuing the non-bailable warrant against the applicant. The applicant has also put his signature upon the order sheet of that day. Thereafter, on 5.4.2008, personal bond of the accused was forfeited, issuing recovery of the same and the notices were also issued to the sureties. 2 Having considered the entire facts and circumstances of the case, the Court, in the interest of justice, feels it expedient to quash all the orders aforementioned. Accordingly, the petition is allowed. All the three impugned orders dated 24.8.2007, 19.3.2008 and 5.4.2008 are hereby quashed. Petitioner is directed to put his appearance before the court below, who will take further personal bond and one surety of the amount to the satisfaction of the Magistrate concerned on the same day and also will proceed with the trial forthwith. (Servesh Kumar Gupta, J.) 22.12.2011 Rajeev