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Judgment
Brij Kishore Dube, Judge
Heard on the question of admission. This petition u/s 482 of the Code of Criminal Procedure, 1973 is directed against the orders dated 13/09/10 whereby the cognizance u/s 138 of the Negotiable Instrument Act has been taken against the petitioner and dated 24/08/12 whereby the petitioner was declared absconder and directed to issue arrest warrant against her in Criminal Case No. 13458/10.
Also, heard on I.A. No. 8981/12, an application for staying the further proceedings of the aforesaid case.
Learned counsel for the petitioner submits that husband of the petitioner had taken loan of Rs. 1,10,000/- from the respondent No. 1 and promised to re-pay the loan by 31/03/2010 and in the event of failure to do so, the respondent No. 1 had liberty to present the cheque drawn by the petitioner''s husband in favour of the respondent No. 1. The petitioner has neither signed on the cheque nor concerned with the loan. The respondent No. 1 fraudulently forged the signature of the petitioner on the cheque and filed a compliant against the petitioner u/s 138 of the Negotiable Instruments Act. The learned Magistrate wrongly taken cognizance against the petitioner and issued the arrest warrant and ordered proclaiming the petitioner as absconder. It is further submitted that the petitioner is willing to present herself before the learned Magistrate and till then, the execution of the arrest warrant issued against her be stayed.
Issue notice both on the question of admission and the aforesaid I.A., by registered post A.D., as well as ordinary mode service to the respondent No. 1, on payment of process fee within a week failing which this petition stands dismissed without further reference to the Court.
Notice be made returnable within six weeks.
Considering the submissions of the learned counsel for the petitioner and facts of the case, it is directed that the petitioner shall surrender before the learned Magistrate on or before 25/09/12 at 11.00 A.M. and submit the bail application which shall be decided on its own merits. Till then, without expressing any opinion on merits of the case, the execution of the arrest warrant issued against the petitioner shall remain stayed. Certified copy as per rules.