Gyaneshwer Namdev Bhagat v. Lakhan Bhojraj Sonwane

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1656 of 2017 Gyaneshwer Namdev Bhagat S/o Late Namdev Maruti Bhagat, Aged About 54 Years R/o A-263, Basant Vihar Colony, Tahsil, District Bilaspur Chhattisgarh , Chhattisgarh ---- Petitioner

Versus

Lakhan Bhojraj Sonwane R/o 34- Shri Appartment, Hingna Road Nagpur, Ranapratap Nagar, District Nagpur Maharashtra ---- Respondent For Petitioner :

Shri Ravi Ranjan Sinha, Advocate For Respondent :

Shri Rajat Agrawal, Advocate Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 31/08/2018 This application is filed for cancellation of bail granted to the respondent. The matter arises out of Section 138 of the Negotiable Instruments Act proceedings. The respondent has already been granted bail. Application for cancellation of bail is filed mainly on the ground that after getting bail, the respondent is not appearing before the Court below and represented mostly through his counsel, though he attended some hearing before the High Court. Considering the nature of allegations and that there is no allegation of tampering the prosecution witnesses or in the manner protracting the proceedings, I am not inclined to interfere with the order passed in the matter of cancellation of bail. At this stage, learned counsel for the respondent submits that the respondent had no intention to avoid the proceedings. He is being represented through his counsel. He further submits that on the next date of hearing before the Trial Court, the respondent will positively appear.

Placing on record the aforesaid statement, this petition is disposed off. Sd/- (Manindra Mohan Shrivastava) Judge Deepti