Order 19/02/2025

1. The petitioner was facing trial for offence under Section 138 of NI Act since the year 2019. On 22.11.2023, he failed to appear before the Court and his counsel also did not appear, therefore, the learned trial Judge forfeited his bail bonds and issued warrant of arrest vide order dated 12.01.2024. He has been declared absconder and a proceeding under Sections 82 and 83 of Cr.P.C. has been opened. The petitioner submits that he is a labourer and had gone out of the city in search of livelihood and he could not intimate his counsel to report the things above to the Court on the day fixed and, therefore, his bail bonds were forfeited but he is ready and willing to face the trial.

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[2025:RJ-JD:10236] (2 of 2) [CRLMP-1277/2025]

2. Now, taking into account the bonafides of the petitioner, he is given an opportunity to appear before the trial Court on or before 24.03.2025. Till then, the warrant of arrest shall not be executed and he shall not be arrested. Upon his appearance, the proceeding under Sections 82 and 83 shall be dropped. He would move a bail application whereupon he shall be released on bail on the very same day; on the amount of surety and bonds as he deems fit. He shall pay a sum of Rs.3,000/- with the trial Court which shall be disbursed to complainant/respondent for the inconvenience caused to him.

3. In this view of the matter, the instant misc. petition as well as stay petition is disposed of.

(FARJAND ALI),J 260-divya/-

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