Punjab-Haryana High Court
Baldev Singh vs Sukhvir Kaur Dhillon And Another on 18 March, 2024
Author: Pankaj Jain
Bench: Pankaj Jain
294 2024: PHHC:041620
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-7905-2024 (O&M)
Date of decision: 18.03.2024
Baldev Singh ....Petitioner
Versus
Sukhvir Kaur Dhillon and another ....Respondents
CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN
Present:- Ms. Navjot Kaur, Advocate
for the petitioner.
Mr. J.S. Arora, A.A.G., Punjab.
RREKK
PANKAJ JAIN, J. (ORAL)
While issuing notice of motion the following order was
passed:-
"Prayer is for quashing of orders dated 11" of July, 2023
passed by ACJM, Kapurthala whereby non-bailable warrant
of arrest has been issued against the petitioner in complaint
case No.68/2021 dated 10.03.2021 titled as 'Sukhvir Kaur
Dhillon vs. Baldev Singh'.
Petitioner was summoned to face trial for offence
punishable under Section 138 of the Negotiable Instruments
Act, 1881. The petitioner absented on 11" of July, 2023. Trial
Court on the said date cancelled the bail order of the
petitioner and ordered that the personal bonds furnished
stand forfeited. Petitioner moved application for pre-arrest
bail which was disposed off by Sessions Judge, Kapurthala
vide order dated 4" of January, 2024 observing as under :
"3. So, since the case is based upon complaint,
under section 138 of Negotiable Instruments Act
and offence under section 138 of Negotiable
Instruments Act is bailable one, accordingly, the
present bail application is disposed off by
ordering that in case the applicant surrenders,
ASHISH within 10 days, before the learned Trial Court
2024.03.28 10:12 from today and in case the applicant moves the
| attest to the accuracy and
integrity of this judgment/order
CRM-M-7905-2024 (O&M) -2-
bail application, the learned Trial Court is
directed to dispose the bail application on the
same day. Lower Court record be returned
alongwith copy of this order and the file of bail
application be consigned to the record room."
When the petitioner surrendered before the ACJM,
Kapurthala on 9" of January, 2024, his application seeking
bail stands dismissed observing as under :
"File taken up today upon application for
surrender and bail filed by the accused. Ahlmad
was directed to put up the the file. It is ordered
to be registered.
Alongwith the application, a copy of order
dated 04.01.2024 passed by the Court of Id.
Sessions Judge, Kapurthala in BA/2783/2023,
according to which the bail application under
Section 438 CrPC filed by the applicant/accused
is disposed off with following direction:-
"In case the applicant surrenders, within
10 days, before the Learned Trial Court from
today and inc case the applicant moves the bail
application, the learned Trial Court is directed to
dispose the bail application on the same day".
Notice of the application given to the
complainant through counsel Sh. S.S. Mathi,
Advocate. Arguments heard. Perusal of the file
shows that in the present case, _ the
applicant/accused became absent during the
Court proceedings on 11.07.2023. However, the
offence under Section 138 of the NI Act is
bailable in nature, but since the accused has
already misused the concession of the bail earlier
granted to him and now after becoming absent
from the Court proceedings, the
applicant/accused cannot be raised the plea of
any bailable offence, therefore, this Court cannot
deem it fit to grant him again any concession of
bail. Hence, the present application for
surrender and bail is dismissed. However, the
applicant/accused has given time to approach
the Higher Court. Now to come up on 10.01.2023
for the date already fixed."
The approach by the ACJM has only added to the load
on the Courts.
ASHISH
Taftest fo the accuracy and Issue notice of motion returnable for 18.03.2024.
integrity of this judgment/order
CRM-M-7905-2024 (O&M) -3-
Mr. Tarun Aggarwal, Sr. DAG, Punjab accepts notice
on behalf of respondent No.2/State of Punjab.
The petitioner shall appear before the concerned Court
on 19" of February, 2024.
On that date, the Magistrate shall admit the petitioner
to bail."
2. Today, counsel for petitioner has produced a copy of order
dated 19.02.2024 to show that the petitioner indeed appears before the
Additional Chief Judicial Magistrate and stands admitted to bail.
3. In view of above, no further order is warranted. Petition
stands disposed off.
4. Pending application(s), if any, shall also stand disposed off.
(PANKAJ JAIN )
JUDGE
March 18, 2024
ashish
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
ASHISH
2024.03.22 10:12
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integrity of this judgment/order
