Punjab-Haryana High Court
Suman Jindal And Another vs State Of Punjab And Another on 24 August, 2023
Neutral Citation No:=2023:PHHC:111462
2023:PHHC:111462
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CRM-M-41825-2023
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-41825-2023
Date of decision: 24.08.2023
SUMAN JINDAL AND ANOTHER
...Petitioners
Versus
STATE OF PUNJAB AND ANOTHER .....Respondents
CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL
Present:- Mr. Swarn Tiwana, Advocate,
for the petitioners.
HARNARESH SINGH GILL, J. (ORAL)
1. Challenge in the present petition is to the order dated
29.07.2023 (Annexure P-5) passed by learned Judicial Magistrate Ist Class,
Ludhiana, whereby the petitioners were declared proclaimed person in
complaint case bearing No.COMA/716/2014, under Section 138 N.I.Act.
2. Learned counsel for the petitioners contends that after having
been granted the concession of bail, the petitioners had been regularly
appearing before the trial Court in the above-noted complaint; that on
03.03.2023, the petitioners absented themselves from the court
proceedings, following which their bail bonds were cancelled and warrants
of arrest had been issued against them; that by way of CRM-M-20882 of
2023, the petitioners approached this Court challenging the order dated
03.03.2023, and that the said petition had been disposed of, vide order
dated 27.04.2023 passed by a Coordinate Bench, with a direction to the
petitioners to appear before the trial Court within one week and move an
application for bail; that owing to the issuance of warrants of arrest against
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the petitioners in other complaints under Section 138 N.I.Act, they could
not comply with the aforesaid order dated 27.04.2023.
3. Learned counsel for the petitioners further submits that vide
CRM-20192-2023, the petitioners prayed for extension of time for a period
of 10 days beyond the time granted by the Coordinate Bench, vide order
dated 27.04.2023, but the same had been dismissed. It is further submitted
that the petitioners could not comply with the order dated 27.04.2023
passed by the Coordinate Bench for the reason that warrants of arrest had
been issued against them in some other complaints under Section 138
N.I.Act and there was no mala fide intention on their part to comply with
the aforesaid order. It is further submitted that vide order dated 25.07.2023
passed by the Coordinate Bench, warrants of arrest issued against the
petitioners in other complaints under Section 138 N.I.Act, were quashed
and they had been directed to join proceedings before the court below,
subject to costs of Rs.5,000/- in each case, payable to the complainant
therein. It is further submitted that the petitioners are now ready to
surrender before the trial Court and to face trial.
4. Notice of motion to respondent No.1-State only, at this stage.
5. On the asking of this Court, Mr. C.L.Pawar, Addl. A. G.
Punjab, accepts notice on behalf of respondent No.1-State, and submits that
the petitioners had rightly been declared proclaimed person.
6. I have heard the learned counsel for the parties.
7. In the present case, after having been granted the concession of
bail, the petitioners had been regularly appearing before the trial Court.
However on 03.03.2023, they absented themselves from the court
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proceedings, following which their bail bonds were cancelled and warrants
of arrest had been issued against them. By way of CRM-M-20882 of 2023,
the petitioners approached this Court challenging the order dated
03.03.2023 and the said petition had been disposed of, vide order dated
27.04.2023 passed by a Coordinate Bench, with a direction to them to
appear before the trial Court within one week and move an application for
bail. As stated above, the petitioners could not comply with the aforesaid
directions due to the issuance of warrants of arrest against them in other
other complaints under Section 138 N.I.Act. A perusal of the order dated
25.07.2023 (Annexure P-4) would show that warrants of arrest issued
against the petitioners in other complaints under Section 138 N.I.Act, had
been quashed. As stated above, the petitioners are now ready to surrender
before the trial Court.
8. The objective of the coercive mechanism prescribed under the
Code of Criminal Procedure is to ensure that the accused remains present
before the Court to receive the orders and judgments as are passed qua the
accused. If the accused shows his sincere intention and desire to appear
before the Court, then it would not be unjustified to protect him from being
arrested.
9. In the present case, the petitioners are now not required for
custodial interrogation and rather, they are only to face the trial. Therefore,
no useful purpose would be served by sending them to custody.
10. Keeping in view the above facts, but without expressing any
opinion on the merits of the case, the present petition is disposed of with a
direction to the petitioners to surrender before the trial Court/Duty
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Magistrate, within 15 days from today, subject to them depositing the costs
of Rs.10,000/- with the District Legal Services Authority, Ludhiana. On
their doing so, the petitioners shall be released on bail, subject to them
furnishing the bail/surety bonds to the satisfaction of the trial Court/Duty
Magistrate.
24.08.2023 (HARNARESH SINGH GILL)
parveen kumar JUDGE
Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No
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