2012 (7) TMI 1182

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....sed by the learned Metropolitan Magistrate, Saket Courts, New Delhi in Complaint Case Nos.3648/01 of 2001 and 163/01 of 2001 titled M/s. Soga Impex Pvt. Ltd. -vs- Ashok Malik. 3. I have heard the learned counsel for the petitioner and the learned counsel for the respondent and have gone through the record. I have also heard the learned counsel for the State, who has appeared in response to the advance copy having been served on him. 4. It has been contended by the learned counsel that the petitioner was enlarged on bail on 19.12.2006 in the abovementioned complaint cases on his furnishing a Personal Bond in the sum of Rs.30,000/- with one surety for the like amount and thereafter has been granted permanent exemption. However, on 2.3.2....

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....ng, if the petitioner wanted to travel abroad, he ought to have obtained the permission from the Court for undertaking such a travel. On 2.3.2012, neither the accused/petitioner nor his counsel was present and consequently after waiting for them till about the lunch time, the Court had no other option but to issue non-bailable warrants. The petitioner is purported to have filed an application under Section 70 (2) of Cr.P.C. for cancellation of warrants. Various grounds for cancellation of warrants have been given, including an application seeking extension of Visa to travel to India. 9. First of all, warrants cannot be cancelled in absentia. For this purpose, the accused has to appear before the Court concerned. In addition to this, the ....