Sunita Rani v. State Of Punjab And Another

153 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-12766-2026 Date of decision: 08.04.2026 SUNITA RANI ...PETITIONER V/S STATE OF PUNJAB AND ANOTHER ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE SUBHAS MEHLA

Present:

Mr. Dixit Raj Kapoor, Advocate (Through VC) for the petitioner.

**** SUBHAS MEHLA, J. (ORAL) 1.

Present petition has been filed by the petitioner under Section 528 of BNSS for quashing of impugned order dated 27.11.2025 (Annexure P-3), passed by Judicial Magistrate Ist Class, Patiala in complaint case No. COMA1079-2022 dated 08.04.2022, titled as "Ranbir Singh Vs. Sunita Rani" filed under Section 138 of Negotiable Instruments Act, whereby the petitioner has been declared as proclaimed person.

2.

Learned counsel for the petitioner contended that on 05.12.2024, a compromise had been effected with respondent No.2 and statements of both the parties to this effect had been recorded before the trial Court; that pursuant thereto, the private respondent also collected cash from the residence of the petitioner. It is further contended that her counsel had advised her not to appear personally and that he would take necessary steps in accordance with law; she, in a bona fide manner, relied upon the advice of the counsel and believed that the matter stood settled; that due to non appearance of the petitioner vide order dated 27.08.2025, her bail was cancelled and bail bonds & surety bonds were SONIA PURI 2026.04.15 12:15 I attest to the accuracy and integrity of this document

CRM-M-12766-2026 2 forfeited to the State and non bailable warrants were issued against her, she was further declared as proclaimed person vide order dated 27.11.2025. It is also contended that she is ready to settle the matter and willing to join the proceedings and thus, prayed that matter be referred to Mediation Centre at District Courts, Patiala for amicable settlement. Learned counsel confined his prayer to the limited extent that the petitioner is ready to surrender herself before learned trial Court within a period of two weeks and prayed that the petitioner be not arrested by the police till then.

3.

The nature of order this Court proposes to pass, no notice is required to be issued to the respondent.

4.

In view of the limited prayer made by learned counsel for the petitioner, the petitioner is directed to surrender herself before the learned Illaqa Magistrate/ trial Court/ successor Court within a period of two weeks and to move an appropriate application for joining the proceedings by raising all the pleas taken in this petition, before the Illaqa Magistrate regarding her nonappearance. The Illaqa Magistrate is directed to decide her application in accordance with law. Till then, she will not be arrested by the police in this matter. It is made clear that if the petitioner fails to appear before the Illaqa Magistrate within stipulated time then the relief granted by this Court shall deemed to be withdrawn.

5.

Petition is accordingly disposed of.

(SUBHAS MEHLA) 08.04.2026 JUDGE Sonia Puri (i) Whether speaking/reasoned Yes/No (ii) Whether reportable Yes/No SONIA PURI 2026.04.15 12:15 I attest to the accuracy and integrity of this document