High Court of Punjab and HaryanaCRM-M/29382/2025disposed of

Surjit Singh v. State Of Punjab And Another

2025-05-27Mr. Justice H.S. Grewal2 pages

CRM-M-29382-2025 -1132 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-29382-2025 Date of decision:27.05.2025 SURJIT SINGH .....Petitioner

Versus

STATE OF PUNJAB AND ANOTHER .....Respondents

CORAM:

HON'BLE MR. JUSTICE H.S. GREWAL

Present:

Mr. Sukhbir Maandi, Advocate for the petitioner.

Mr. Kamalpreet Bawa, DAG, Punjab. ***

The petitioner is seeking quashing of order of proclamation dated 04.09.2023 (Annexure P-5) passed by learned Sub Divisional Judicial Magistrate, Baba Bakala Sahib, District Amritsar arising out of complaint bearing no.NACT-164/2019, instituted on 21.10.2019, titled as Surinder Kumar Vs. Surjit Singh, under Section 138 of Negotiable Instruments Act, 1881 whereby the petitioner has been declared as a proclaimed person. 2.

Learned counsel for the petitioner contends that on 13.07.2022 (Annexure P-3), due to non appearance of the petitioner, learned trial Court cancelled the bail as well as surety bonds of the petitioner and issued warrants of arrest against the petitioner for 28.07.2023 (Annexure P-4), learned trial Court issued proclamation under Section 82 Cr.P.C. against the petitioner for 16.08.2023. Thereafter, vide order dated 04.09.2023 (Annexure P-5), the petitioner was declared as proclaimed person. However, he submits that he is willing and ready to join the proceedings and shall appear before the trial Court as and when required. Learned counsel for the petitioner, on Sonia Puri 2025.05.29 14:54 I attest to the accuracy and integrity of this document

CRM-M-29382-2025 -2instructions further submits that the petitioner undertakes to appear before the trial Court concerned on each and every date and shall not seek any exemption for his personal appearance on any date of hearing before the trial Court. Hence, in the aforementioned facts and circumstances, the petitioner prays that directions be issued to the Trial Court concerned that his bail application, which he would be filing on his surrender, be decided Keeping in view the facts of the case, the service of respondent is dispensed with as it will delay the proceedings. 3.

I have heard learned counsel for the petitioner and perused the material placed on record.

No ground to interfere in the impugned order dated 04.09.2023 is made out and the present petition is hereby, disposed of. 5.

However, the petitioner is directed to appear and surrender before the trial Court concerned within a period of 07 days from today and may file bail application before the concerned Court. In case, he does so, the same be considered by the trial Court concerned, in accordance with law, on the same date, in case he appears at 10.00 A.M.

27th May, 2025 (H.S. GREWAL) Sonia Puri JUDGE Whether speaking/ reasoned :

Yes / No Whether reportable :

Yes / No Sonia Puri 2025.05.29 14:54 I attest to the accuracy and integrity of this document