JUDGEMENT
CHEEKATI MANAVENDRANATH ROY,J. -
(1.) Assailing the Order dated 16-07-2019 of the Judicial Magistrate of First Class, Railway Kodur, passed in
Crl.M.P.No.972 of 2019 in C.C.No.105 of 2019, whereby, a
condition was imposed at the time of granting bail directing the
petitioner to deposit 20% of the cheque amount in the Court
within two months of his release on bail, this Criminal Petition
is filed.
(2.) The petitioner is the accused in C.C.No.105 of 2019 on the file of Judicial Magistrate of First Class, Railway Kodur. He is
being prosecuted for the offence punishable under Section 138
of Negotiable Instruments Act (for short "N.I. Act "). After the
trial Court took cognizance of case against him and issued
summons to him for his appearance in the Court, it appears
that he has refused to receive the summons. Therefore, NonBailable Warrant (N.B.W.) was issued against him to secure his
presence in the Court. The said N.B.W. was executed and the
petitioner was arrested and he was produced before the trial
Court. Thereafter he was remanded to judicial custody. When
he has applied for bail before the trial Court, the trial Court by
its order dated 16.07.2019 enlarged him on bail on certain
conditions. As per condition No.2, he was directed to deposit
20% of the cheque amount before the Court within two (02) months from the date of his release on bail.
(3.) The petitioner now seeks to set aside the said condition No.2 imposed against him at the time of granting bail to him.;
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