Interim Order 2

Order Details: Order
Pdf Text: C.C.No.1826/SS/2020
ORDER BELOW APPLICATION FOR ISSUANCE OF WARRANT
Perused the application and record. Heard Ld advocate for the
complainant. It appears that present case is for the offence punishable
under section 138 of of the Negotiable Instruments Act. The present
case filed in the year 2020. The process was issued on 23/10/2021.
Thereafter, many times summons were issued to the accused through
police machinery, Speed post and even through electronic mode i.e. e-
mail. But the accused refused to accept the service fo summons
therefore, bailable warrants were also issued against the accused.
Today the Ld advocate for the complainant produced affidavit of service
of summons it reveals that several times summons were issued against
the accused by various mode including police machinery, post office and
electronic mode. Even the complainant has served summons on the
various e-mails of the accused. It shows that the accused in spite of
having very well knowledge of pendency of this case and in spite of
service of summons and issuance of bailable warrant, has been
deliberately avoiding appearance before the Court. Therefore,
considering nature of offence, long pendency of the case and conduct of
the accused it reveal that there is no option except to issue non-bailable
warrant against the accused. If the accused appears before the Court the
NBW warrant may be cancelled. Hence, order:
ORDER
1. The application is allowed.
2. Issue non-bailable warrant against the accused.
Sd/-
(Sudhir G. Barde)
Judicial Magistrate First Class,
44th Court, Andheri, Mumbai.
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