Aegle Healthcare And Another v. The State Of Ut And Another
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH CRM-M-15480-2023 Date of Decision: 27.03.2023 Aegle Healthcare and Another ....Petitioners
Versus
...Respondents
CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :
Mr. Aashish Bhagat, Advocate for the petitioners.
Mr. Deepinder Singh Brar, Addl. PP, UT, Chandigarh. HARSH BUNGER, J. (Oral) Prayer in the present petition filed under Section 482 of the Code of Criminal Procedure, is for quashing of impugned order dated 27.01.2023 (Annexure P-1) passed by learned Additional Sessions Judge, Chandigarh, in criminal appeal No.734 of 2018 (instituted on 26.12.2018), arising out of judgment dated 27.11.2018 passed in a complaint under Section 138 of Negotiable Instrument Act, 1881 bearing No.COMA/62/2016 of 11.02.2016 titled as "M/S Saurav Chemicals Versus Aegle Healthcare and Another", whereby, the bail granted to the petitioner No.2 in appeal, vide order dated 26.12.2018 (Annexure P-2) has been cancelled; his bonds have been cancelled and forfeited to State and his presence is ordered to be secured through non-bailable warrants.
Learned counsel for the petitioners contends that vide order dated 26.12.2018 (Annexure P-2), sentence of the petitioner was suspended by the Additional Sessions Judge/Vacation Judge Chandigarh and the petitioner continued to attend the appeal proceedings regularly. Learned counsel for the petitioners further submits that on 27.01.2023, petitioner No.2 could not appear before the Appellate Court as he had gone to Ujjain
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due to some urgent work and an application for exemption of personal appearance of petitioner No.2 was also filed, however, the same was not accepted, consequently by cancelling his bail, his bonds were cancelled and forfeited to the State and non-bailable warrants were also ordered to be issued against him by the Appellate Court. Learned counsel submits that there was no intention on the part of petitioner No.2 to delay the proceedings and his absence before the lower Appellate Court was neither intentional nor deliberate but for the aforesaid reason. Learned counsel further submits that petitioner No.2 is ready and willing to surrender before the Court below and join the proceedings, if he be granted one opportunity to do so. Learned counsel further submits that the petitioner undertakes to appear on each and every date before the Court below and to abide by all the terms and conditions to be imposed by this Court or by the Appellate Court.
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! # / 27.01.2023 !# eason that he had gone to Ujjain due to some urgent work and therefore he could not appear on the said date of hearing i.e. 27.01.2023. 0#! #. !
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In view of the above, the present petition is disposed of with a direction to the petitioner No.2 to surrender before the Appellate Court on or before 17.05.2023 by furnishing an undertaking before the Court that he would attend the Court proceedings regularly and shall not leave the country without prior permission of the Court and abide by all terms and conditions to be imposed by the Appellate Court. In case, the petitioner No.2 surrenders before the Appellate Court then he be released by the Appellate Court upon his furnishing fresh surety bonds/bail bonds to its satisfaction subject to payment of cost of Rs. 10,000/- each to be deposited in the concerned District Legal Services Authority.
However, the concerned Station House Officer shall be informed about the release of petitioner No.2 and the petitioner shall inform the concerned Station House Officer about his address at which he intends to reside during the pendency of case and any change in the address shall also be communicated to the concerned Station House Officer, forthwith. The petitioner No.2 would also furnish his telephone number to the concerned Station House Officer.
Disposed of in the above-said terms.
27.03.2023 (HARSH BUNGER) Amandeep JUDGE Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No