A.Packiaraj, J. - (1.) This revision has been filed against the orders passed in C.M.P. No. 2675 of 1999 in CC No. 330 of 1996, dated 17/11/1999, on the file of the District Munsif cum Judicial Magistrate Ambattur, refusing to declare the respondent herein as a proclaimed offender, as contemplated under Section 82 of the Cr.P.C.
(2.) The circumstances under which the said petition has come to be filed before the Court below is as follows: (a) The respondent had bonowed a sum of Rs. 75,000 from the complainant, the petitioner herein, as loan. Towards, the discharge of the liability, the accused issued a cheque dated 30/1/1996, drawn on Indian Overseas Bank, Mayiladuthurai for the said amount, in favour of the complainant. When the same was presented, it was returned on account of insufficiency of funds. (b) After observing all the mandatory provisions contemplated under the Negotiable Instruments Act, prosecution was launched for offence under Section 138, Negotiable Instruments Act, against the respondent herein. (c) The respondent appeared before the Court and received the summons. Copy of the complaint was furnished to the respondent. Thereafter the trial commenced. The complainant has examined two witnesses on his side and the proceedings went on till 25/3/1997, after which period, the accused had not appeared before the Court. Hence a non bailable warrant was issued against the accused. But the same could not be served. Hence the petitioner was constrained to file a petition under Section 82, Cr.P.C. to declare the accused as a proclaimed offender.
(3.) The learned Magistrate having entertained the petition, dismissed the same observing thus: ... if a person (accused) departs from his place or remains in it, if he conceals himself, will not amount to abscond and that a person is absent he should not be readily available that he is an absconder without due enquiry and notice.;