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  • Criminal Misc. Petition No. 1106 of 2010

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    The petitioner Justin Boniface filed a criminal misc petition in the Rajasthan High Court challenging the dismissal of his application under Section 70(2) of the CrPC by an Additional Chief Judicial Magistrate. The petitioner had been regularly attending the trial in a negotiable instruments act case from 2004 to 2007 but failed to appear after leaving Jaipur for personal work without knowing the future trial dates. As a result, a non-bailable warrant was issued against him. The High Court converted the non-bailable warrant into a bailable warrant considering that the offense was bailable, the petitioner had regularly attended the trial previously, and gave an undertaking to regularly attend court going forward. The petitioner

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    The petitioner Justin Boniface filed a criminal misc petition in the Rajasthan High Court challenging the dismissal of his application under Section 70(2) of the CrPC by an Additional Chief Judicial Magistrate. The petitioner had been regularly attending the trial in a negotiable instruments act case from 2004 to 2007 but failed to appear after leaving Jaipur for personal work without knowing the future trial dates. As a result, a non-bailable warrant was issued against him. The High Court converted the non-bailable warrant into a bailable warrant considering that the offense was bailable, the petitioner had regularly attended the trial previously, and gave an undertaking to regularly attend court going forward. The petitioner

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    4 views2 pages

    Criminal Misc. Petition No. 1106 of 2010

    Uploaded by

    Somu Shekar
    The petitioner Justin Boniface filed a criminal misc petition in the Rajasthan High Court challenging the dismissal of his application under Section 70(2) of the CrPC by an Additional Chief Judicial Magistrate. The petitioner had been regularly attending the trial in a negotiable instruments act case from 2004 to 2007 but failed to appear after leaving Jaipur for personal work without knowing the future trial dates. As a result, a non-bailable warrant was issued against him. The High Court converted the non-bailable warrant into a bailable warrant considering that the offense was bailable, the petitioner had regularly attended the trial previously, and gave an undertaking to regularly attend court going forward. The petitioner

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    Justin Boniface v. State Of Rajasthan Through P P

    12 Jul, 2010 | Rajasthan High Court

    CASE NO.

    Criminal Misc. Petition No. 1106 of 2010

    JUDGES

    R.S.Chauhan

    ADVOCATES

    Alka Bhatnagar

    Ashwin Garg

    Important Paras

    JUDGEMENT

    IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR Justin Boniface V/s.

    State of Rajasthan & Anr.

    The petitioner is aggrieved by the order dated 03.04.2010 passed by the learned Additional Chief Judicial Magistrate No.12, Jaipur

    City, Jaipur, whereby the learned Magistrate has dismissed the petitioner's application under section 70(2) read with section 71 of

    cr.p.c.

    According to the petitioner, in the year 2004, the complainant had filed a case against the petitioner for offence under section 138 of

    negotiable instrument act. Since 17.01.2004, the petitioner religiously attending the trial. However, on 27.07.2007, he had to leave

    Jaipur for some personal work. Therefore, he could not attend the trial. Since he did not know the future dates of the trial, he failed to

    appear before the Court. Therefore, warrant of arrest has been issued against him. Hence, the petitioner filed an application under

    section 70(2) of cr.p.c. However, the said application has been dismissed, vide order dated 03.04.2010. Thus, this petition before

    this Court.

    The learned counsel for the petitioner contends that the petitioner does not have any intention to run away from the law. The

    petitioner has religiously attended the trial from 2004 to 2007. Therefore, he makes a limited prayer that the non-bailable warrant may

    be converted into bailable.

    The learned Public Prosecutor has opposed the prayer.

    Heard the learned counsel and perused the impugned order.

    Keeping in mind that the offence under Section 138 of the Act is a bailable one, keeping in mind that the petitioner had attended the

    trial regularly from 17.07.2004 to 27.07.2007, keeping in mind the undertaking given by the petitioner that he will regularly attend the

    Court, this Court converts the non-bailable warrant into bailable one. The petitioner is directed to appear before the learned trial Court

    on July 26, 2010. Till then, he shall not be arrested.

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    Hence, this petition is, hereby, allowed.

    (R.S.CHAUHAN)J.

    A.Asopa/-

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