Kanwaljit Kaur v. State Of Punjab And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision:02.09.2021 KANWALJIT KAUR ......Petitioner Vs STATE OF PUNJAB AND ANR .....Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr. J.S Bains, Advocate for the petitioner.

Mr. Amar Ashok Pathak, Addl A.G, Punjab.

**** RAJ MOHAN SINGH, J. (Oral) The case has been taken up for hearing through video conferencing.

Petitioner seeks grant of anticipatory bail under Section 438 Cr.P.C in complaint under Section 138 of Negotiable Instrument Act pending in the Court of J.M.I.C, Amritsar. Notice of motion was issued on 24.04.2019. On 26.04.2019, interim bail was granted to the petitioner in view of status of the case. Thereafter on 30.04.2019, learned counsel for the petitioner appeared and stated that out of total cheque amount of Rs.11,50,000/-, the petitioner has already returned an amount of Rs.5,50,000/- to the complainant. He further submitted that remaining amount of Rs.6 lacs would be refunded within a period of three months from that day. Interim

bail was extended accordingly. None appeared on 06.08.2019, 09.08.2019 and 26.09.2019. Following order was passed by the Co-ordinate Bench on 26.09.2019:- "
  

     

          

      



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Thereafter, on the adjourned date i.e. 30.09.2019, an application came to be listed for extension of the interim bail as the same was granted till 30.04.2019. The application was allowed and interim bail was extended till 11.12.2019. On 11.12.2019, the interim order dated 30.04.2019 was extended till 04.03.2020. On 04.03.2020, learned counsel for the petitioner stated that the petitioner is not in a position to acknowledge the deposit of Rs.6 lacs, which was assured to be deposited within a period of three months in terms of order dated 30.04.2019. Learned counsel prayed for 7 days time to get instructions in that regard. The case was adjourned to 19.03.2020 and interim order was made to continue till then. Thereafter, the case was adjourned due to COVID-19 pandemic and ultimately, it was taken up on 26.07.2021.

Learned counsel for the petitioner appeared on that day through video conferencing and submitted that he was not well. The case was adjourned for today with interim order to continue. Today, learned counsel for the petitioner submits that the petitioner could not arrange funds for deposit of amount of Rs.6 lacs as agreed by her on 30.04.2019. Learned counsel prays for more time.

In view of facts on record, I do not find any justification to adjourn the case further as the petitioner has already availed sufficient time to make good the amount as agreed by her on 30.04.2019. It appears that the petitioner never intended to make good the amount of Rs.6 lacs after 30.04.2019 and kept on seeking extension of interim order till date.

There is no ground to extend the time further as prayed, however, in case the petitioner pays the amount in question to the complainant within 10 days from today to the entire satisfaction of the complainant, then she would be at liberty to make appropriate application in the present case. For the aforesaid reasons, no interference is called for at this stage. Dismissed.

(RAJ MOHAN SINGH) 02.09.2021 JUDGE Amandeep Whether speaking/reasoned Yes/No Whether reportable Yes/No