Punjab-Haryana High Court
Navneet Suri vs State Of Punjab And Others on 23 October, 2024
Neutral Citation No:=2024:PHHC:139145
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
207 CRM-M-42279-2024
Date of Decision : October 23, 2024
NAVNEET SURI
.....Petitioner
VERSUS
STATE OF PUNJAB AND OTHERS
.....Respondents
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present : Mr. Deepender Pratap Singh, Advocate for
Dr. Pankaj Nanhera, Advocate
for the petitioner.
Mr. Sahil R. Bakshi, AAG, Punjab.
Mr. Pankaj Chandgothia, Advocate
for respondents No.2 and 3.
KULDEEP TIWARI, J. (Oral)
1. On 10.9.2024, this Court had passed the hereinafter extracted
order, upon the instant petition:-
"CRM-36555-2024
1. As prayed for, the instant application is
allowed. Copy of complaint bearing No. NACT/814/2022,
under Section 138 of the Negotiable Instruments Act, is
taken on record as Annexure P-4, subject to all just
exceptions.
CRM-M-42279-2024
2. Through the instant petition, as instituted
under Section 438 of the Cr.P.C., prayer is made for grant
of anticipatory bail to the petitioner, in case FIR No.84
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Neutral Citation No:=2024:PHHC:139145
dated 21.10.2023, under Sections 406 and 420 of the IPC,
registered at P.S. Dhakoli, District S.A.S. Nagar.
3. The learned counsel for the petitioner, by
placing reliance upon Annexure P-4, wherein becomes
enclosed a complaint filed against the petitioner by the
present complainant under Section 138 of the Negotiable
Instruments Act, submits that the allegations voiced in the
present FIR are identical to the ones voiced in Annexure
P-4. Therefore, once the complainant has opted to
recourse the statutory remedy under Section 138 of the
Negotiable Instruments Act, hence registration of the
present FIR is a sheer abuse of the process of law.
4. The learned counsel for the petitioner also
places reliance upon a judgment rendered by the Hon'ble
Supreme Court in case titled as "J. Vedhasingh V/s R.M.
Govindan and others", Law Finder Doc Id # 2023077, to
submit that the issue regarding maintainability of parallel
proceedings under the I.P.C. as well as under Section 138
of the Negotiable Instruments Act has already been
referred to a Larger Bench.
5. Lastly, the learned counsel for the petitioner
submits that the offence(s), whereunder the present FIR
has been registered, prescribes maximum punishment of
07 years. Moreover, since the petitioner is ready to join
the investigation and to cooperate with the investigating
officer, therefore, his custodial interrogation is not
required.
6. Notice of motion for 23.10.2024.
7. Mr. Pardeep Bajaj, D.A.G., Punjab, accepts
notice on behalf of respondent No.1-State of Punjab.
8. In the meantime, the petitioner is directed to
join the investigation and to appear before the
investigating agency, as and when called upon to do so.
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In the event of his arrest, he shall be admitted to interim
bail on his furnishing bail bonds to the satisfaction of the
Arresting/Investigating Officer. The petitioner shall
abide by the terms and conditions as envisaged under
Section 438(2) Cr.P.C."
2. Today, the learned State counsel has filed the reply to the instant
petition, the same is taken on record. He submits on instructions imparted to
him by the official concerned, that pursuant to the making of the hereinabove
extracted order, the petitioner(s) had joined investigation and he is no longer
required for further custodial interrogation.
3. At this stage, the learned counsel for the respondent-complainant
submits that there is one more complaint pending against the petitioner under
Section 138 of the Negotiable Instruments Act, 1881, and despite issuance of
warrants against him, he is not causing appearance in that private complaint.
4. Learned counsel for the petitioner submits that the petitioner
undertakes to cause appearance before the learned trial Court concerned
where the complaint under Section 138 of the Negotiable Instruments Act,
1881, is pending within 20 days from today and file his regular bail
application.
5. In view of the undertaking given by the learned counsel for the
petitioner, the hereinabove extracted interim order dated 10.9.2024, is hereby
made absolute, subject to the hereinafter extracted conditions:-
"(i) the petitioner(s) shall not commit an offence similar to the present
offence;
(ii) the petitioner(s) shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the facts
of the case;
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(iii) the petitioner(s) shall make himself/herself available for
interrogation by a police officer as and when required."
6. This order should not be treated as "blanket" order. It will not be
read granting petitioner(s) indefinite protection from arrest. It shall be
confined to the FIR mentioned ibid and will not operate in respect of any other
incident that involves commission of an offence.
7. It is further made clear that in case the petitioner fails to appear
before the learned trial Court concerned in pursuance of the issuance of
warrants in a private complaint (supra) within 20 days from today, this
petition would be deemed to be dismissed without any further reference to
this Court.
7. Needless to say that anything observed hereinabove shall not be
construed to be an opinion on the merits of the case.
(KULDEEP TIWARI)
October 23, 2024 JUDGE
ajay-1
Whether speaking/reasoned. : Yes/No
Whether Reportable. : Yes/No
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