High Court of Punjab and HaryanaCRM-M/2933/2025disposed of

Narender Pal v. M/S A.R. Company And Another

2025-01-21Mr. Justice Sandeep Moudgil2 pages

129 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-2933-2025 DATE OF DECISION: 21.01.2025 NARENDER PAL ...PETITIONER

Versus

M/S A.R. COMPANY AND ANOTHER ... RESPONDENT

CORAM:

HON'BLE MR. JUSTICE SANDEEP MOUDGIL

Present:

Mr. Dinesh Arora, Advocate Mr. Ashish Khatkar, Advocate and Mr. Jatin Sehra, Advocate for the petitioner. *** SANDEEP MOUDGIL, J (ORAL) The jurisdiction of this Court has been invoked under Section 482 Cr.P.C., for seeking quashing/setting aside of the order dated 16.12.2024 vide which the petitioner has been declared as proclaimed person in Criminal Complaint No.NACT-862 dated 06.08.2020 under Section 138 of Negotiable Instruments Act. Learned counsel for the petitioner contends that due to mis-communication gap during Covid 19 period, the petitioner could not appear before the trial Court. He undertakes that the petitioner will surrender before the trial Court and shall join the trial proceedings without any delay or default in future.

Considering the submissions made by learned counsel and also in appreciation of the fact that it will only speed up the proceedings before the Trial Court which is one of the essence as enshrined under Article 21 of the Constitution of India, the petitioner is directed to surrender before the trial Court within a period of 10 days from today and apply for regular bail.

SANGEETA 2025.01.21 19:16 I attest to the accuracy and integrity of this document

CRM-M-2933-2025 In case, such an application for bail is moved by the petitioner before the learned trial Court, the same shall be considered on the same date and decided in accordance with law. However, it is made clear that in case the petitioner does not abide by the aforesaid undertaking, the respondent/State shall be at liberty to move an appropriate application for revival of the instant petition.

The aforesaid order/concession to the petitioner shall be subject to payment of costs of Rs.10,000/- to be deposited with the Punjab and Haryana High Court Bar Association, Chandigarh (Account No.65035682434, IFSC Code: SBIN0050306) and a receipt of the same be produced before the Trial Court and only in that eventuality, application of the petitioner for seeking bail be considered and decided on the same day in accordance with law.

The instant petition is disposed of in the aforesaid terms. (SANDEEP MOUDGIL) JUDGE 21.01.2025 sangeeta Whether speaking/reasoned Yes/No Whether reportable Yes/No SANGEETA 2025.01.21 19:16 I attest to the accuracy and integrity of this document