Harvinderpal Kaur v. M/S Khalsa Jewellery House Through Its Proprietor Jasbir Singh

CRM-M-33655-2022

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-33655-2022

Reserved on: 29.08.2022

Pronounced on: 31.08.2022 Harvinderpal Kaur

...Petitioner

Versus

M/s Khalsa Jewellery House through its Proprietor

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Akhilesh Vyas, Advocate for the petitioner. **** ANOOP CHITKARA, J.

Complaint No.NACT/3417 of 2016 1.

Challenging the order of cancellation of bail and issuance of non-bailable warrants, vide order dated 01-03-2017 (P-7), passed by the learned JMIC Amritsar, due to the default in an appearance before the trial court, the petitioner has come up before this court.

2.

Ld. Counsel for the petitioner contends that the non-appearance was unintentional, without any endeavor to delay the trial, and due to factors beyond the petitioner's control, and in fact the money stands paid to the complainant. 3.

Without adjudicating the maintainability of this petition under section 482 CrPC, and leaving that question open; given the explanation offered by the accused coupled with the facts and circumstances peculiar to this case, a balanced approach would work as an incentive, a catalyst, speeding up the process, and bringing the guilty to Justice and Justice to the guilty. The petition is allowed to the extent mentioned in this order and with the following conditions.

4.

There shall be a stay of the petitioner's arrest in the case mentioned for fifteen days; however, if the petitioner fails to appear within this time, then stay on arrest shall stand vacated without any further reference to this court. It is clarified that if the petitioner appears before the concerned court, then the impugned order dated 01-032017, passed by the concerned court, against the petitioner in the matter mentioned above shall stand quashed, warrants canceled, and bonds restored. However, in case the ld. trial court so desires, it may ask the petitioner to furnish fresh bail bonds, and in ANJU RANI 2022.09.01 10:55 I attest to the accuracy and integrity of this document HIGH COURT CHANDIGARH

CRM-M-33655-2022 such an eventuality, the petitioner shall execute a bond for attendance in the concerned court to its satisfaction. The bail bonds shall remain in force throughout the trial and after that in Section 437-A of the Cr.P.C., if not cancelled due to non-appearance or breach of conditions.

5.

This order is subject to the petitioner appearing before the concerned court within fifteen days from today, and complying with the above-mentioned conditions, failing which it shall stand recalled under section 362 read with 482 CrPC, without any further reference to this court.

6. Any observation made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments. 7.

There would be no need for a certified copy of this order, and any Advocate for the Petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy. In case the attesting officer wants to verify the authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds.

Petition allowed to the extent and subject to the conditions mentioned above. All pending applications, if any, stand disposed. (ANOOP CHITKARA) JUDGE 31.08.2022 anju rani Whether speaking/reasoned:

Yes Whether reportable:

No.

ANJU RANI 2022.09.01 10:55 I attest to the accuracy and integrity of this document HIGH COURT CHANDIGARH