Punjab-Haryana High Court
Sukhdev Singh vs State Of Punjab And Another on 22 April, 2024
Neutral Citation No:=2024:PHHC:054138
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CRM-M No.19714 of 2024 2024:PHHC:054138
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
130
CRM-M No.19714 of 2024
Date of Decision: 22.04.2024
SUKHDEV SINGH
......Petitioner(s)
Vs
STATE OF PUNJAB AND ANOTHER
....Respondent(s)
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. G.S. Bhatia, Advocate
for the petitioner.
****
HARKESH MANUJA, J. (Oral)
[1]. By way of present petition filed under Section 482 Cr.P.C., prayer has
been made for setting aside the order dated 20.03.2024 (Annexure P-8) passed by
the Addl. Sessions Judge, Amritsar, whereby bail of the petitioner was cancelled
and his bail bonds /surety bonds were forfeited to the State resulting into issuance
of fresh non-bailable warrants against him.
[2]. Briefly stating, having been implicated as an accused in a complaint
under Section 138 of Negotiable Instruments Act, the petitioner was sentenced to
undergo rigorous imprisonment for a period of one year under Section 138 of
Negotiable Instruments Act and also directed to pay compensation to tune of
Rs.3,50,000/- to the complainant under Section 357(3) Cr.P.C. In case of default of
payment of compensation, petitioner was to further undergo rigorous imprisonment
for a period of two months vide judgment of conviction and order of sentence
dated 15.05.2019 passed by the Judicial Magistrate Ist Class, Amritsar.
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[3]. Against the aforesaid, the petitioner preferred an appeal wherein
sentence of the petitioner was suspended vide order dated 12.06.2019 passed by
the Addl. Sessions Judge-VI, Amritsar.
[4]. In pursuance of aforesaid order, the petitioner having been granted
benefit of suspension of sentence, was participating in the proceedings, but for one
date i.e. 20.03.2024, petitioner could not appear on account of wrong date of
hearing noted down by him resulting into cancellation of his bail and non-bailable
warrants were issued against him.
[5]. Impugning the aforesaid order dated 20.03.2024, learned counsel for
the petitioner submits that non-appearance of the petitioner was wholly
unintentional as the petitioner never intended to evade the process of law. It has
further been submitted that since 20.03.2024 till today, petitioner never indulged
himself in any kind of criminal activity and is ready to surrender before the
Appellate Court to join the proceedings. Learned counsel also submits that the
petitioner volunteers to serve the public cause by providing a wheelchair to the
Civil Hospital, Amritsar.
[6]. Notice of motion to respondent No.1 only at this stage; no notice is
required to be served upon respondent No.2/complainant as no prejudice would be
caused to him, rather it would burden him towards unnecessary litigation expenses.
[7]. Upon advance notice, Mr. Athar Ahmed, DAG, Punjab accepts notice
on behalf of the respondent/State and opposes the prayer made on behalf of the
petitioner while submitting that despite having knowledge of pendency of
proceedings against him, petitioner chose not to submit himself to the jurisdiction
of the Court and, thus, order dated 20.03.2024 passed by the Addl. Sessions Judge,
Amritsar, warrants no interference.
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[8]. I have heard learned counsel for the parties and gone through the
paper book.
[9]. Considering the fact that the petitioner could not appear before the
Trial Court on 20.03.2024 on account of noting down of wrong date of hearing by
him and the fact that he never indulged himself in any kind of criminal activity
post 20.03.2024 till date and also that he is ready to join the proceedings before the
Appellate Court, the present petition is allowed and the order dated 20.03.2024
passed by the Addl. Sessions Judge, Amritsar is set aside with a direction to the
petitioner to appear before the Appellate Court on or before the next date of
hearing and furnish his bail bonds/surety bonds to the satisfaction of the concerned
Court. The petitioner shall also file an affidavit that he will appear on each and
every date of hearing except in case of the exemptions specifically granted by the
Court concerned.
[10]. The aforesaid order, however, shall subject to providing one
wheelchair to the Civil Hospital, Amritsar as volunteered by the petitioner, against
receipt issued by the concerned CMO, who shall even prepare an inventory in this
regard along with the details of the present order. A copy of the same be sent to the
office of Advocate General, Punjab. Till then, no coercive steps be taken against
the petitioner.
(HARKESH MANUJA)
April 22, 2024 JUDGE
Atik
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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