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High Court of Punjab and HaryanaCRM-M/333/2023disposed of

Grover Electricals Through Its Proprietor v. Cholamandalam Investment And Finance Co.

2023-01-06Mr. Justice Gurbir Singh2 pages

CRM-M-333-2023

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No.115 Case No. : CRM-M-333-2023 Date of Decision : January 06, 2023 Grover Electricals through its Proprietor Jagdish Kaur ....

Petitioner vs.

Cholamandalam Investment and Finance Company Limited ....

Respondent CORAM : HON'BLE MR. JUSTICE GURBIR SINGH.

* * * Present :

Mr. Amandeep Singh Gulati, Advocate for the petitioner.

* * * GURBIR SINGH , J. :

This petition under Section 482 Cr.P.C. has been preferred by the petitioner praying for quashing the impugned order dated 20.10.2022 (Annexure P-3) passed by learned Trial Court in the complaint case bearing COMA No.48 of 2020 dated 10.01.2020, under Section 25 of the Payment and Settlement Act, 2007 (Annexure P-1), whereby bail granted to the petitioner was cancelled and the amount of cash surety deposited by the petitioner was forfeited to the State. Non-bailable warrant of arrest against the petitioner was ordered to be issued.

Learned counsel for the petitioner submits that on 20.10.2022, the petitioner could not appear before the learned Trial Court as she is an old lady suffering from old-age diseases and was not well. Due to some unavoidable circumstances, she could not appear in the Trial Court. MONIKA 2023.01.09 17:26 I attest to the accuracy and integrity of this document

CRM-M-333-2023 Learned counsel further submits that the financial dispute between the parties is also pending before this Court in CWP No.25499 of 2022 and the said case has been referred to the Mediation Centre by this Court.

Learned counsel has also annexed copies of zimni orders passed by the learned Trial Court. I have gone through the same. Heard.

Without going into the merits of the case, keeping in view the fact that the petitioner is an old lady, she is directed to surrender before the Trial Court within ten days from today and on her doing so, she shall be admitted to bail to the satisfaction of concerned Trial Court/Duty Magistrate, Amritsar.

The petition stands disposed of in the above terms. January 06, 2023 (GURBIR SINGH) monika JUDGE Whether speaking/reasoned ?

Yes/No.

Whether reportable ?

Yes/No.

MONIKA 2023.01.09 17:26 I attest to the accuracy and integrity of this document