Additional Chief Judicial Magistrate (Surat) issued a non-bailable warrant (NBW) against Sunil Jariwala, who was convicted by the Court on Monday in a cheque dishonour case.
As per the case, Sunil Jariwala, a proprietor of Taxo Fab, was convicted under Section 255 (2) of the CrPC, 1973 for the charge levied under section 138 of Negotiable Instrument Act & was sentenced for simple imprisonment for fifteen months with Rs 30 lakh as fine. For the non-payment of fine the accused have to undergo simple imprisonment of 5 months separately.
The Court ordered that "As the accused did not remain present before this court, a non-bailable warrant is to be issued for execution of Sentence".
A complaint was lodged by Jindal Polyweaves Pvt Ltd which is engaged in the business of Grey cloth, against Sunil Jariwala for dishonoured cheque for Rs 15. 93 lakh in 2018.
Jariwala used to take goods from the complainant company on credit & had given goods worth Rs.15.93 lakh in 2018. Jariwala had given a cheque to the company which returned & later a complaint was lodged in Febr 2019.
Lawyer KP Reshamwala appeared on behalf of the complainant in this case.
Earlier, during the proceedings, when the evidence was recorded, neither the accused nor any pleader on behalf of accused remain present & thus, the right of cross-examination of complainant was closed by the Court.
The Judgement reads, "Accused had willingly & knowingly that the trial is commencing, withdrew his presence from this Court. Court cannot help those who slept over their rights. The Court had closed the rights of the accused & had chosen to proceed with the matter in absence of the accused".