Citation : 2023 Latest Caselaw 14125 P&H
Judgement Date : 24 August, 2023
ASHISH 2023.08.24 14:42 117 2023:PHHC:110826 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.30485 of 2023 Date of Decision: 24.08.2023 Davinder Singh ..... Petitioner Versus Rashwinder Singh ....Respondent CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN Present: Mr. Amandeep Singh Jawandha, Advocate for the petitioner. RRR PANKAJ JAIN, J. (ORAL)
On 18.07.2023 the following order was passed:-
"Prayer is for quashing of order dated 09.05.2023 (Annexure _P-1) passed in complaint No.COMA/6135/2018 under Section 138 of Negotiable Instrument Act dated
29.11.2018 by Judicial Magistrate 1" Class, Patiala, District
Patiala whereby bail bonds of the petitioner stands forfeited.
Learned counsel for the petitioner inter-alia submits that owing to default in appearance proceedings under Section 82 Cr.P.C. have been initiated against the petitioner. The default was on account of the fact that there was a miscommunication
qua the date and the petitioner had no reason to evade
presence as he already stood admitted to bail.
Petitioner is granted liberty to appear before the trial
Court on or before 21.07.2023.
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ASHISH 2023.08.24 14:42
The Court is quite sanguine that in case the petitioner appears and moves an application seeking admission on bail, the same shall be decided by the trial Court in accordance with law on the same day.
Adjourned to 26.07.2023."
Today, counsel for the petitioner submits that though the petitioner appeared yet his application seeking admission on regular bail was returned. Counsel for the petitioner, however, has not been able to show any order to corroborate and support his contention.
Keeping in view the conduct of petitioner, the present petition is dismissed. Petitioner is directed to pay costs of Rs.10,000/- to be deposited in the Poor Patient Fund account of PGIMER, Chandigarh.
Pending application(s), if any, shall also stand disposed of.
( PANKAJ JAIN ) JUDGE August 24, 2023 ashish Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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