Ankit Jain v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on: 05.07.2024 Ankit Jain

...Petitioner

Versus

State of Punjab and another

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Deepinder Singh Walia, Advocate for the petitioner.

Ms. Swati Batra, DAG, Punjab.

**** ANOOP CHITKARA, J.

Criminal No.COMA/13011/2021 titled M/s Bobby Oswal vs. Ankit Jain Complaint 1.

Challenging the order of proclamation dated 15.05.2024, on being declared a proclaimed offender, the petitioner has come up before this Court under Section 482 of Code of Criminal Procedure, 1973 (CrPC).

2.

In a prosecution under Section 138 of the Negotiable Instruments Act, 1881, the accused could not be served through the ordinary process, including summons, bailable warrants, and even through non-bailable warrants. The concerned court finally proceeded against the petitioner under section 82 of CrPC and declared the petitioner a proclaimed offender vide order dated 15.05.2024 (Annexure P-8), passed by JMIC Ludhiana.

3.

The nature of order this court proposes to pass, no response is required from the respondent.

4.

Ld. Counsel for the petitioner contends that the non-appearance was because of ill health of petitioner and the details are mentioned at para 5 of the petition. 5.

A perusal of the petition does not make out any case on merits. However, the criminal justice system must not hamper and suffer because of the petitioner. Thus, the court is restricting the present petition by requesting the concerned trial court to grant of bail on the petitioner's surrendering before the majesty of the concerned court, and reserving liberty to raise the given-up relief in the subsequent petition(s), if the need so arises.

6.

Given above, this court is confining the adjudication of this matter to the extent mentioned herein before, reserving the liberty to the petitioner as mentioned above. 7.

The primary object of service is to secure the accused's presence in trial. The petitioner has approached this court on its own, which establishes the bonafide at this stage. Without commenting on the case's merits, and in the facts and circumstances peculiar to this case, and also for the reasons mentioned above, the ends of justice would meet. This, in the exercise of its inherent powers under section 482 CrPC, deems it appropriate to grant the limited relief to the petitioner. 8.

The petitioner is directed to surrender before the concerned court on or before 19.07.2024. On appearance, the concerned court shall release the petitioner on bail on the same day, subject to furnishing bail in the following terms and imposing reasonable conditions, as it may deem appropriate in the background of the accused's conduct. 9.

There shall be a stay of the petitioner's arrest in the case mentioned above and also on the resultant FIR under section 174-A of IPC till the date of his surrender i.e 19.07.2024. It is clarified that if the petitioner appears before the concerned court, then all warrants issued by the concerned court against the petitioner, in the matter mentioned above shall stand recalled and canceled. It is clarified that if the petitioner fails to appear before the concerned court within time limit mentioned in this order, then this order shall stand recalled automatically under section 362 read with 482 CrPC, without any furtherance reference to this court.

10.

Petitioner shall deposit a sum of rupees ten thousand in the account of Poor Patient Welfare Fund, PGIMER, Chandigarh and hand over its receipt to the trial court. 11 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. 12.

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 05.07.2024 anju rani Whether speaking/reasoned:

Yes Whether reportable:

No.