High Court of Punjab and HaryanaCRM-M/9467/2019disposed of

Jaswinder Singh v. Satinder Singh

2019-03-01Mr. Justice Harinder Singh Sidhu2 pages

CRM-M-9467 of 2019 #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-9467 of 2019 Date of Decision: 01.03.2019 Jaswinder Singh ....Petitioner

Versus

Satinder Singh ....Respondent

CORAM:

HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Mr. Parminder Singh-I, Advocate for the petitioner. HARINDER SINGH SIDHU, J This is petition for grant of interim bail to the petitioner in complaint case No.512 of 11.08.2015 under Section 138 of the Negotiable Instruments Act titled as Satinder Singh Vs. Jaswinder Singh pending before the court of learned Sub Divisional Judicial Magistrate, Phagwara. The petitioner is an accused in the said case, which pertains to dishonoring of a cheque for an amount of Rs.7,90,000/- issued by the petitioner. The petitioner is on bail in the said case. As the petitioner had not caused his appearance before the trial Court on 15.09.2018, his bail bonds and surety bonds were ordered to be forfeited and his presence was secured through non-bailable warrants.

Learned counsel for the petitioner states that his failure to appear was not intentional. In fact, the petitioner had fallen ill and that he had duly intimated his counsel. However, appropriate application seeking exemption from appearing in the Court could not be filed in time. Sh. Karanbir Singh, AAG, Punjab, who is present in Court, MANOJ KUMAR 2019.03.02 11:34 I attest to the accuracy and integrity of this document

CRM-M-9467 of 2019 #2# accepts notice of the application on behalf of the respondent-State. Having heard learned counsel for the parties and taking into account the facts of the present case, this petition is allowed subject to payment of Rs.5000/- as costs to be paid to the respondent. The petitioner may appear before the learned trial Court on 02.04.2019, the date already fixed. On his doing so, he shall be released on interim bail by the trial Court subject to his furnishing bail bonds and surety bonds to its satisfaction. He shall also file an undertaking before the trial Court to continue appearing before the trial Court as and when required apart from following all the terms and conditions fixed in this respect. March 01, 2019 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned:

Yes/No Whether Reportable : Yes/No MANOJ KUMAR 2019.03.02 11:34 I attest to the accuracy and integrity of this document