Bikramjeet Singh v. Ut Chandigarh And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-26200-2024 Date of decision: May 23rd, 2024 Bikramjeet Singh .....Petitioner

Versus

UT-Chandigarh and another .....Respondents

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Sandeep Chopra, Advocate for the petitioner.

MANJARI NEHRU KAUL , J. (ORAL) Petitioner is seeking quashing of order dated 28.04.2023 (Annexure P-2) passed by learned Judicial Magistrate 1st Class, Chandigarh, whereby the petitioner had been declared as proclaimed person in a complaint under Section 138 of the Negotiable Instruments Act bearing No.NACT/1910-2022 titled as 'Shalini Jain Versus Bikramjit Singh.

2.

Learned counsel for the petitioner submits that it is a matter of record that the parties had entered into a compromise; in pursuance of the compromise, the petitioner had started repaying the loan amount to the complainant, however, the complainant took a U-turn and hence, he was unable to appear before the trial Court leading to the impugned order being passed vide which he was declared a proclaimed person. 3.

Learned counsel for the petitioner further submits that the petitioner is ready and willing to appear and surrender before the trial Court. Hence, in the aforementioned facts and circumstances, petitioner be protected till his appearance before the trial Court and directions be PUNEET SACHDEVA 2024.05.23 14:36 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-26200-2024 -2given to the trial Court that his bail application, which he would be filing on his surrender, be decided expeditiously. 3.

Notice of motion.

4.

Mr. Sarvjit, Additional Public Prosecutor, U.T. Chandigarh, accepts notice on behalf of respondent No.1. 5.

In view of the limited prayer made by the learned counsel for the petitioner, the instant petition is disposed of with directions to the petitioner to appear and surrender before the trial Court within seven days from today. Till then, no coercive steps be taken against the petitioner. This shall, however, be subject to deposit of costs of `10,000/- with the State Legal Services Authority, Chandigarh. 6.

It is made clear that in case, the petitioner fails to surrender before the trial Court within seven days from today, this order shall be of no avail to him thereafter. In case, on appearance and surrender, the petitioner moves an application for bail, the trial Court shall make earnest efforts to decide it expeditiously, in accordance with law. May 23rd, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.05.23 14:36 I attest to the accuracy and integrity of this document Chandigarh