In absent of accuse, NBW can be cancelled.

In the absent of accuse, a Nonbailable warrant can be canceled.

bay High Court

4429.13.wp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO. 4429 OF 2013

Arunkumar N. Chaturvedi ..Petitioner

Vs.

The State of Maharashtra and Anr ..Respondents

Mr.Rishi Bhuta,for the Petitioner.

Mr. A. R. Patil, APP,for the Respondent State.

CORAM :M.

L. TAHALIYANI, J.

DATE :DECEMBER

24, 2013.

P. C.:

1 Heard the learned counsel Mr. Rishi Bhuta for the Petitioner and

the learned Additional P. P. Mr. Patil, for the State of Maharashtra.

2 The Applicant is accused no.2 in Criminal Case No.1304/SS/2006

pending in the Court of Metropolitan Magistrate, 7th Court, Dadar for the

offence punishable under Section 138 of Negotiable Instruments Act.

The warrant has been issued against the Applicant as he was absent on

the date of hearing. The Applicant had applied for cancellation of

warrant through his advocate. It is submitted that the application has

been rejected by the learned Metropolitan Magistrate on the ground that

the Applicant was not present when the application for cancellation of

warrant was made before the Magistrate.

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