TaxTMI 
TaxTMI 
2003 (7) TMI 761
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....J dismissed the application of the petitioner on the highly unjudicial premise that since similar application was made on behalf of accused no. 4 in an irresponsible manner on the last date by the counsel who happens to be the counsel of petitioner, he would not proceed on the presumption that the application on behalf of petitioner has been made today on proper instructions. Not only the application was dismissed but the most coercive process of non-bailable warrant was ordered to be issued against the petitioner. 2. To imagine that the counsel was having similar instructions for the petitioner he had from his co-accused is beyond imagination. Impugned order reads like this:- "Shri H.P.Sharma, Advocate makes an application on b....
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.... 4. The learned ASJ was required to only deal with the grounds mentioned in the application and not to introduce extraneous innuendos or his make-believe surmises or conjectures. In no way the observations made by the learned ASJ against accused no. 4 or his counsel even if he was representing another accused could have been used or even referred to while dealing with the application of the petitioner. 5. More worse was that instead of deciding the application for recalling the summoning order or dropping the proceedings which is pending for more than two years, the learned ASJ proceeded not only to reject his application for personal appearance but he straightaway issued non-bailable warrants. It is not understandable what kind of sad....
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....the reason to believe that he has absconded or will not obey the summons or (b) If he has without reasonable excuse failed to appear inspire of service of summons. 8. Such is the importance of a liberty of a person which is a highly precious and cornerstone of democratic set up that even the court has to provide reasons in writing before issuing warrants of arrest. It shows that power or discretion of the court in this regard has also shackles. More unbridled the power more sparingly, cautiously and judiciously it should be exercised. Absolute power should not be exercised arbitrarily. 9. This Court cannot be unmindful of the fact that the learned ASJ was seized of the application of the petitioner for recalling the summoning....
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....mpanies as is in the instant case for dropping of proceedings on the ground that they were neither responsible nor in charge of the conduct of the business of the Company are pending decision for years and their presence is being insisted on every date of hearing and no fruitful proceedings are being taken up and in many cases even proceedings have been stayed where each and every nominated director of the companies has been impleaded as accused. 13. Ever increasing case load of complaints under Section 138 of the Negotiable Instruments Act is resulting in malignant growth of backlog requiring more court time which is unproductive in the sense that it is not expended in actual trial time. Consequence is that the victim i.e. the complaina....