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Kalol court issues NBW against BJP MP Devji Fatepara

Fatepara had been absent for the last four hearings despite being summoned and at the last hearing on June 22, his lawyer had filed an application requesting that the court exempt him from the hearing for the fifth time.

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Additional chief judicial magistrate of Kalol has issued a non-bailable warrant (NBW) against Bharatiya Janta Party Member of Parliament (MP) from Surendranagar constituency Devji Fatepara in a dishonor of cheque case.

Fatepara had been absent for the last four hearings despite being summoned and at the last hearing on June 22, his lawyer had filed an application requesting that the court exempt him from the hearing for the fifth time.

However, advocate for complainant Prabhatsinh Thakor filed a counter application stating that the defendant’s intention is only to delay the case and he is knowingly avoiding coming to court. Hence, his plea should be rejected and a non-bailable warrant should be issued against him.

Rejecting the exemption plea, the court observed, “The defendant has failed to appear in court on April 11, April 25, May 5 and June 12 despite being summoned. He had filed applications to be exempt for four times which had been granted. The proceedings cannot advance unless he is present in court and he has not provided a valid reason for failing to appear even at the fifth hearing. Hence, his plea is being rejected and a non-bailable warrant is being issued against him.”

The order was passed on June 22 and the copy of the same was obtained on Tuesday.

The complainant had lodged the case under the Negotiable Instruments Act on October 13, 2016, after a cheque worth Rs1.48 crore from Fatepara to return money he had borrowed to contest the 2014 Lok Sabha elections bounced.

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