C.Selvakumar vs The State Represented By Inspector Of Police, Katpadi Police Station, Katpadi, Vellore District & Anr.

This Criminal Original Petition has been filed seeking a direction to the first respondent to execute the Bailable Warrant issued against the second respondent/accused in C.C. No.36 of 2022 on the file of the Judicial Magistrate, Katpadi.

Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent. Perused the materials available on record.

The petitioner is the complainant, who lodged a complaint against the second respondent for the offence under Section 138 of the Negotiable Instruments Act, 1881, and the same has been taken cognizance in C.C. No.36 of 2022 on the file of the Judicial Magistrate, Katpadi. After taking cognizance of the complaint, the Trial court issued summons to the second respondent. However, on receipt of the summons, the second respondent failed to appear before the Trial Court. Therefore, the Trial Court issued a Bailable Warrant against the second respondent on 06.08.2024, which is pending for execution before the first respondent police.

In view of the above, the first respondent, namely, the Inspector of Police, Katpadi Police Station, Vellore District, is directed to take steps to execute the Bailable Warrant issued against the second respondent in C.C.No.36 of 2022 within a period of six (6) weeks from the date of receipt of a copy of this order. The petitioner shall furnish the correct address of the second respondent and cooperate with the first respondent in executing the warrant.

With the above direction, this Criminal Original Petition is disposed of.