Charanjit Bhatia Alias Goldy vs State Of Punjab And Another
2022 Latest Caselaw 16508 P&H

                                      IN THE HIGH COURT OF PUNJAB AND HARYANA
                                                    AT CHANDIGARH
                 114                                           CRM-M-57783-2022
                                                               Date of Decision: 12.12.2022

                 Charanjit Bhatia alias Goldy                                          ...Petitioner
                                                            Versus
                 State of Punjab and Another                                        ...Respondent

                 CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
                 Present:               Mr. Amandeep Saini, Advocate,
                                        for the petitioner
                                        Ms. Dimple Jain, AAG, Haryana
                                        Mr. Kulbir Singh Saini, Advocate,
                                        for respondent No.2

                        ****
                 JAGMOHAN BANSAL, J. (Oral)

The petitioner through instant petition under Section 482

Cr.P.C. is seeking quashing of order dated 13.10.2017 (Annexure P-7),

whereby JMIC, S.B.S. Nagar, has declared the petitioner as

proclaimed person in terms of Section 82 Cr.P.C.

Learned counsel for the petitioner, inter alia, submits that

petitioner has been declared proclaimed person in Complaint No.

NACT 326 of 2016; Jagir Singh Versus Charanjit Bhatia @ Goldy

which was filed under Section 138 of Negotiable Instruments Act,

1881. The petitioner failed to appear before the trial Court under

impression that complainant has withdrawn the complaint because he

had already made the payment of cheque involved. The contention of

petitioner finds support from the fact that National Lok Adalat, vide

order dated 13.08.2022 (Annexure P-8) has dismissed complaint as

withdrawn. The petitioner is ready to pay costs of Rs.10,000/-. No

prejudice is going to be caused to the prosecution if the proceedings

MOHIT KUMAR 2022.12.12 16:53 are quashed.

I attest to the accuracy and authenticity of this order/judgment

Notice of motion.

Mr. Amish Sharma, AAG, Punjab accepts notice on behalf

of respondent No.1-State and submits that State has no objection if the

present petition is disposed of, subject to costs.

Mr. Kulbir Singh Saini, Advocate, puts in appearance on

behalf of respondent No.2-complainant and submits that he has

already received entire cheque amount. He further submits that he has

no objection if present petition is allowed.

Intent of arrest and reason of denial of bail is to secure the

appearance of the accused at the time of trial. A person who seeks to

be liberated must take judgment and serve sentence in the event of his

conviction. The nature of the crime charged, severity of punishment

prescribed, prime facie available evidences, history & background of

the accused may indicate that any amount of bond and surety is not

going to secure presence of accused, at the time of conviction.

Keeping in mind:

(i) The object of cancellation of bond or declaration of

anyone as proclaimed offender/person is to secure

his presence;

(ii) The petitioner was declared proclaimed offender in a

complaint case which stands withdrawn;

(iii) The petitioner for wasting valuable time and energy

of courts as well prosecution is willing to pay costs of

Rs.10,000/-;

(iv) Trial of main case stands concluded, thus, no

prejudice is going to be caused to prosecution or

complainant;

MOHIT KUMAR 2022.12.12 16:53 I attest to the accuracy and authenticity of this order/judgment

this court is of the considered opinion that present petition

needs to be allowed, and accordingly, petition is allowed. The

impugned order is quashed subject to payment of costs of Rs.10,000/-

to the District Legal Services Authority, S.B.S. Nagar.

Disposed of in above terms.

                                                                         (JAGMOHAN BANSAL)
                                                                               JUDGE

                 12.12.2022
                 Mohit Kumar

                                       Whether speaking/reasoned        Yes/No
                                       Whether reportable               Yes/No




MOHIT KUMAR
2022.12.12 16:53
I attest to the accuracy and

authenticity of this order/judgment