C482/1022/2023
2023 Latest Caselaw 1912 UK

                      Office Notes,
                   reports, orders or
SL.                  proceedings or
         Date                                       COURT'S OR JUDGES'S ORDERS
No                   directions and
                    Registrar's order
                    with Signatures
      24.07.2023                        C482 No. 1022 of 2023
                                        Hon'ble Sharad Kumar Sharma, J.

Mr. Akshay Latwal, Advocate, for the applicant, through video conferencing.

Mr. V.K. Gemini, Deputy Advocate General, for the State.

The present applicant has put a challenge to the proceedings of Criminal Complaint Case No. 878 of 2018, M/s Harbal Creations Vs. M/S Dehlvi Naturals and another, which was the proceedings drawn against him under Section 138 of the Negotiable Instruments Act, and as a consequence thereto, the applicant has been summoned by an order dated 21.04.2023.

The applicant, in the instant C482 Application itself, in the relief clause has prayed for that since being a Complaint Case, and carrying a sentence of less than 7 years, it would stand covered by the judgment, as rendered by the Hon'ble Apex Court in the matters of Satender Kumar Antil Vs. Central Bureau of Investigation and Another, as reported in 2022 (10) SCC

In view of that admitted position and the relief claimed by the applicant in this C482 Application, the same would stand disposed of in the light of the judgment of Satender Kumar Antil (supra).

If the applicant surrenders before the Court of learned Magistrate concerned, his bail application would be considered in the light of the guidelines framed by the Hon'ble Apex Court in para 3(e) of the said judgment of Satender Kumar Antil (supra), in relation to the offences, which carry a sentence of less than 7 years.

Subject to the aforesaid, the C482 Application stands disposed of.

(Sharad Kumar Sharma, J.) 24.07.2023 Mahinder/