- (1.) Prayer in this petition is for quashing of order dated 11.3.2016 passed by learned Judicial Magistrate 1st Class, Ludhiana (Annexure P-1) whereby on account of non-appearance of the petitioner, he has been proceeded against ex-parte and his conditional warrant of arrest for recovery of decreetal amount has been issued for 22.04.2016.
(2.) Order dated 11.03.2016 (Annexure P-1)passed by learned Judicial Magistrate 1st Class, Ludhiana (Annexure P-1), reads as under:- "Today the case was fixed for argument on application under section 125(3) and 125(4) of Cr.P.C., dated 11.2.2016 as well as for payment of decretal amount by JD, the same has not been paid by the JD. Case called several times but no one has come present on behalf of the JD nor JD has appeared in person. In these circumstances, let file be taken up after lunch break for awaiting appearance of JD/respondent." xxxx xxxx xxxx xxxx xxxx "File again taken up after lunch break. Case called several times since morning but no one has come present on behalf of the JD nor JD has appeared in person, it appears that the JD is not interested in contesting the case. It is already 2.30 p.m. No further wait is justified as the undersigned has been assigned the duty of conducting interviews from 2.30 p.m., onwards for the posts of peon. Even on the previous date of hearing the JD had failed to appear and to make payment of decretal amount and one adjournment was granted on request of ld. counsel for the JD. Today, no one has appeared on behalf of JD nor JD has appeared in person. As such, JD is hereby proceeded against exparte." Now, conditional warrants of arrest of JD for the recovery of decretal amount be issued for 22.04.2016."
(3.) Learned counsel for the petitioner contends that on that day, the petitioner reached the Court at 3.00 p.m. whereas the case was called at 2.30 p.m., but the learned Magistrate did not hold the Court after 2.30 p.m., as he was busy in conducting interviews.;