Order 1

Order Details: Order
Pdf Text: ORDER BELOW EXH. 33 IN C. C. NO. 350/SC/2024
01. Perused the application filed on behalf of
Ld. Advocate of the accused for cancellation of NBW in absence
of accused.
02. It is contended that, on 07.11.2025 the accused
could not remain present because of some business
commitments, their Advocate for the accused was present.
Whereas the Court constrained to issue NBW against the
accused. The absence of the accused was neither intentional nor
deliberate. Hence, prays that warrant be cancelled and it be
recalled.
03. The Ld. Advocate of complainant filed say vide
Exh. 34 and contended that, as per roznama it indicates that
since beginning there are 18 hearings and the accused appear
only one or two dates and ran away from the trial. The accused
has tendered his wrong address before this Court. Also arranged
the local police station so that warrant will not be executed. The
judgment on which the accused are relying in which it is held
that, the matter will be considered on its own merits of the case.
Hence, prays that the application be rejected. Also filed separate
application for issuance of NBW.
04. Upon hearing both the sides. I have also gone
through the judgment of the Hon’ble Bombay High Court in
Arunkumar N. Chaturvedi V/s. The State of Maharashtra and
Anr. in Writ Petition No. 4429/2013 decided on 24.12.2013 in
which though it is held that “the warrant can be cancelled in
absence of accused but the same is to be considered on merits”.
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Considering it, in the present matter on perusal of record shows
that, the accused has taken bail on 21.08.2024 and since then
the accused is absent. The complainant filed an application
under section 143A of the N.I. Act vide Exh. 16 on 21.08.2024
in which as the accused is absent hence it is proceeded without
say. On 16.09.2025 and the warrant was issued against the
accused. Previously, also the accused filed application vide
Exh. 30 for cancellation of warrant in absence of accused relying
upon the judgment cited supra which was rejected on
17.11.2025. In spite of repeated direction the accused not
appeared before the Court. Moreover, the Ld. Advocate of
accused not mention in the present application that they will
keep the accused present on the date of hearing. In spite of
rejection of application dated 17.11.2025 today also the accused
not appear and filed application for cancellation of NBW. Today
examination-in-chief of the complainant was recorded.
Therefore, considering the conduct of the accused I do not find
it proper to cancel the warrant in absence of accused. As the
conduct of the accused shows that he only want to cancel the
warrant and not to proceed with the trial. Hence, the application
is rejected.
Sd/-
(M. R. Dhanorkar)
Judicial Magistrate First Class,
Date : 29.01.2026 7th Court, Dadar, Mumbai
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