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2017 (7) TMI 543 - HC - Indian LawsComplaints under Section 138 of the N.I. Act - Held that:- In the cases at hand, the complainants challenged the orders of return of their complaints by filing the above referred misc. petitions in this Court in the earlier round of litigation. Notices of the misc. petitions were served upon the accused. The court after hearing the learned counsel representing the parties gave explicit permission to the complainants to seek revival of their complaints in the trial court. Pursuant to such direction, the complainants resubmitted the original complaints with the copy of this Court’s order dated 15.12.2015 in the trial court which directed re-registration thereof by separate orders dated 22.12.2015 which have not been challenged and have thus attained finality. Thus, the challenge laid on behalf of the accused persons that the order taking cognizance is bad in the eye of law is per-se without any merit whatsoever and cannot be sustained. The only order which is under challenge in the set of misc. petitions filed on behalf of the accused is the order dated 26.4.2016 by which, the court directed summoning of the accused persons through warrant of arrest because they failed to appear in the court despite assurance given on their behalf. Though, primafacie, this Court finds no illegality in the said order but in order to secure the ends of justice, the accused persons deserve to be given one opportunity to appear before the trial Court and furnish bail bonds upon which, they shall be released on bail. Misc. petitions filed on behalf of the complainants are allowed; the trial Court is directed to proceed further with the complaints submitted by the respective complainants and to try the accused as per law. The misc. petitions filed on behalf of the accused are dismissed as being devoid of merit while giving them liberty to appear before the trial Court within a period of 30 days from today and furnish bail bonds upon which they shall be released on bail. Failure to do so, would entitle the court below to secure their attendance by adopting coercive methods. The trial Court is further directed to expedite the trials and to try and complete the same within a period of one year from the date of submission of copy of this order.
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