Punjab-Haryana High Court
Charanjit Singh Gill vs State Of Punjab And Another on 25 September, 2023
Neutral Citation No:=2023:PHHC:125657
2023:PHHC:125657
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
125 CRM-M-48304-2023 (O&M)
Date of decision: 25.09.2023
Charanjit Singh Gill ...Petitioner
Versus
State of Punjab and another ...Respondents
CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL
Present: Mr. Ramandeep Singh, Advocate for the petitioner.
Mr. C.L. Pawar, Addl. AG Punjab.
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HARNARESH SINGH GILL, J. (ORAL)
Prayer in the petition is for quashing the impugned order dated
20.05.2023 (Annexure P-11) passed by the learned Judicial Magistrate 1st
Class, Samana, District Patiala, whereby the petitioner has been declared a
proclaimed person in case titled as M/s Guru Kirpa Finance Company Vs.
Charanjit Singh Gill, bearing No.NIACT-769 of 2018 dated 13.12.2018 filed
by respondent No.2 under Section 138 of the Negotiable Instruments Act and
all the subsequent proceedings arising therefrom.
Learned counsel for the petitioner submits that in the said
complaint case, the petitioner had been regularly appearing before the learned
trial Court, but on 26.04.2022 he could not appear before the learned trial
Court as he was admitted in the hospital on account of severe urinary tract
infection on 23.04.2022 and was advised one week absolute bed rest (copy of
the medical report dated 23.04.2022 is at Annexure P-12). On 26.04.2022,
learned counsel for the petitioner appearing before the learned trial Court,
also suffered a statement that he has no instructions to proceed in the present
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case and withdrew his power of attorney and the learned trial Court
straightway issued non-bailable warrants for 05.07.2022 and he has been
declared a proclaimed person vide order dated 20.05.2023 (Annexure P-11).
Thus, the non-appearance of the petitioner on 26.04.2022 is not intentional on
his part and he is ready to appear before the learned trial Court
Notice of motion to respondent No.1-State only.
On the asking of this Court, Mr. C.L. Pawar, Addl. AG Punjab,
accepts notice on behalf of the respondent-State.
It is a case, wherein the petitioner had been regularly appearing
before the Court, but only on a solitary date i.e. 26.04.2022, he could not
appear before the trial Court because of his ill health and now he is ready to
appear before the learned trial Court to face the trial. The non-appearance of
the petitioner appears to be not intentional.
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.
Keeping in view the above fact, the order dated 20.05.2023
(Annexure P-11) passed by the learned Judicial Magistrate 1st Class, Samana,
District Patiala, whereby the petitioner has been declared a proclaimed person
in case titled as M/s Guru Kirpa Finance Company Vs. Charanjit Singh Gill,
bearing No.NIACT-769 of 2018 dated 13.12.2018 filed by respondent No.2
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under Section 138 of the Negotiable Instruments Act, is set aside subject to
him depositing the costs of Rs.20,000/- with the District Legal Services
Authority, Patiala. On his doing so, the petitioner shall be released on bail,
subject to him furnishing the fresh bail/surety bonds to the satisfaction of the
trial Court/Duty Magistrate.
Disposed of.
(HARNARESH SINGH GILL)
25.09.2023 JUDGE
Mangal Singh
Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No
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