Manjit Singh vs The Kangra Central Cooperative ...
2023 Latest Caselaw 27 HP

     IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                           Cr.MMO No. 1300 of 2022




                                                                                          .
                                                            Date of decision: 2.1.2023





    Manjit Singh.                                                                         ...Petitioner.
                               Versus
    The Kangra Central Cooperative Bank Ltd. & another. ...Respondents.





    Coram
    The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
    Whether approved for reporting?1
    For the Petitioner:

    For the Respondents:
                                 r                  to
                                              Mr.Mukul Sood, Advocate.

                                             Mr.Rakesh Kumar Thakur, Advocate, for
                                             respondent No. 1.

                                             Mr.Harinder  Singh      Rawat,   Additional
                                             Advocate General, for respondent No. 2.



                        Vivek Singh Thakur, Judge (Oral)

Petitioner has approached this Court, assailing order dated

15.11.2022, whereby service upon the petitioner has been ordered to be

effected through non bailable warrants for 6.2.2023 in Complaint No. 27-1 of

2016, titled as Kangra Central Co-operative Bank Vs. Manjeet Singh, a

complaint filed under Section 138 of Negotiable Instruments Act, pending

adjudication before Judicial Magistrate First Class Court No. II, Amb, District

Una, H.P.

2. From the material placed before me, it is apparent that non-

bailable warrants were issued against the petitioner prior to 3.9.2022 for

ensuring his presence for 13.9.2022, which remained unexecuted,

whereupon again non-bailable warrants were issued for ensuring his

service/presence for 15.11.2022.

3. It is also apparent from the record that earlier petitioner had

appeared in the Court on earlier dates and had furnished bail and surety

bonds as a notice has also been issued to his surety, but his surety was also

Whether the reporters of the local papers may be allowed to see the Judgment? Yes

not present before the Court on 13.9.2022 and, therefore, non bailable

warrants were also issued against surety on that date.

4. Learned counsel for the petitioner has tried to justify the

.

absence of the petitioner for various reasons, but all these factors and

reasons are required to be explained before the Trial Court and to be

assessed by the Trial Court which has issued non bailable warrants. I do

not find any illegality, irregularity or perversity in the impugned order,

warranting interference of this Court. In such a situation, as also provided in

the Code of Criminal Procedure, petitioner is supposed to approach the

Court which has issued non bailable warrants for recalling/cancellation of

non bailable warrants for the reasons and plausible explanation for

continuation of his bail and for condoning the absence on previous dates.

5. However, considering the submissions of learned counsel for

the petitioner, by taking a lenient view, petitioner is directed and permitted to

appear before the trail Court on or before 20th January, 2023 by granting him

protection from his arrest till 20.1.2023 in compliance to non-bailable

warrants issued against him in the case referred supra.

6. Petitioner shall approach the Court by filing appropriate

application for recalling the non bailable warrants issued against him

unexecuted with further explanation for his absence on previous dates,

whereupon Trial Court shall take a just and fair decision by taking into

consideration material placed before it in accordance with law without being

influenced by observations made by this court in this order.

7. In case petitioner fails to approach the Trial Court by

submitting him to the jurisdiction of Trial Court on or before 20.1.2023,

interim protection granted to him shall stand vacated and he shall be dealt

with in accordance with law.

8. In case petitioner approaches the trial Court before 20.1.2023,

after 20.1.2023 petitioner shall abide by and be governed by further orders

passed by the trial Court.

.

The petition is allowed and disposed of in the aforesaid terms.

Parties are permitted to produce a copy of this judgment,

downloaded from the web-page of the High Court of Himachal Pradesh,

before the trial Court, and the trial Court shall not insist for production of a

certified copy but if required, passing of order can be verified from Website

of the High Court. r

(Vivek Singh Thakur), nd 2 January, 2023. Judge.

(Keshav)