Harjeet Kaur v. State Of Punjab And Another

CRM-M-18399-2026 (O&M) - 1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-18399-2026 (O&M) Date of Decision : 06.04.2026 Harjeet Kaur ....Petitioner

VERSUS

State of Punjab and Another ....Respondents CORAM : HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present:

Mr. Arshdeep Singh Brar, Advocate for the petitioner. ***** AMAN CHAUDHARY J. (ORAL) 1.

Prayer made in the present petition for quashing the impugned order dated 12.12.2025, Annexure P-2, passed by learned Sub Division Magistrate, Baghapurana in a complaint filed under Sections 138(b) and 142 of the Negotiable Instruments Act, 1881, issued non-bailable warrants against the petitioner after cancelling her bail and forfeited the bail bonds to the State. 2.

Learned counsel submits that the petitioner, aged 64 years, was convicted and sentenced for 1 year by the trial Court, which had suspended her sentence for a period of 30 days to enable her to file an appeal before the concerned Court for suspension of her sentence. However, being an illiterate old lady, she could not appear to file an appeal within time, due to which on 12.12.2025, her bail was cancelled, bail bonds forfeited to the State and non-bailable warrants were issued against her by the trial Court. Her non-appearance was neither intentional nor deliberate but due to the aforesaid TRIPTI SAINI 2026.04.08 12:34 I attest to the accuracy and integrity of this document TRIPTI SAINI 2026.04.08 12:35 I attest to the accuracy and integrity of this document

CRM-M-18399-2026 (O&M) - 2 - bonafide reason. She is ready and willing to surrender before the trial Court and file an appeal with application seeking condonation of delay and suspension of sentence.

3.

Notice of motion.

4.

Mr. Manipal Singh Atwal, DAG, Punjab, accepts notice on behalf of respondent-State and submits that the warrant of arrest has been rightly issued against the petitioner.

5.

Heard.

6.

The very purpose of issuance of warrants of arrest, is to compel and secure the presence of the accused to face trial and establish the rule of law, as also to ensure finalization of the proceedings.

7.

Considering the facts and circumstances of the case and the submission that the petitioner is now ready and willing to surrender and prefer an appeal before the Appellate Court, which was incumbent upon her to do, the present petition deserves to be and is accordingly allowed. 8.

As a consequence of the aforesaid, the impugned order dated 12.12.2025, Annexure P-2 is set aside.

9.

The petitioner is directed to surrender before the learned trial Court on or before 20.04.2026 and be allowed to remain on same bail bonds, whereupon the Court shall grant further time to enable her to file an appeal. 10.

The present petition is accordingly disposed of. 11.

Before parting with this order, it is made abundantly clear that in case the petitioner does not adhere to the aforesaid, the present petition shall be deemed to have been dismissed without any reference to this Court. April 06, 2026 ( AMAN CHAUDHARY ) tripti JUDGE Whether speaking/reasoned : Yes / No Whether reportable : Yes / No TRIPTI SAINI 2026.04.08 12:34 I attest to the accuracy and integrity of this document TRIPTI SAINI 2026.04.08 12:35 I attest to the accuracy and integrity of this document