Madhu Saini And Another v. Ravi Garg

CRM-M-29667-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-29667-2025 DECIDED ON: 08.07.2025 MADHU SAINI AND ANOTHER .....PETITIONER

VERSUS

RAVI GARG .....RESPONDENT CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL

Present:

Mr. Arjunveer Sharma, Advocate for the petitioner.

**** SANDEEP MOUDGIL, J (ORAL) 1.

The jurisdiction of this Court has been invoked under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying for quashing of the order dated 04.12.2024 (Annexure P-3) and 18.03.2025 (Annexure P-5) respectively passed by the Learned JMIC, Ludhiana, in which non bailable warrants were issued against the petitioner in a complaint filed under Section 138 of Negotiable Instruments Act at Police Station Sahnewal, District Ludhiana.

2.

Learned counsel for the petitioner submits that the petitioner and the complainant are closely relative and have compromised the matter in the complaint under Section 138 of Negotiable Instruments Act. Learned counsel further submits that initially the petitioner had been regularly appearing before the learned Trial Court. However, upon assurance given by the complainant, the petitioner did not appear before the Court below as she has to come from Delhi, however, made payments to the complainant through online mode. Due to her absence on 18.10.2024 onwards, her bail bonds were cancelled and subsequently, on SONIA BURA 2025.07.09 17:14 I attest to the accuracy and integrity of this document

CRM-M-29667-2025 18.03.2025 she was declared a proclaimed offender. It is submitted that the petitioner's non-appearance was neither intentional nor willful, but occurred solely due to the aforesaid reason.

3.

Learned counsel for the petitioner though at the outset without contesting the orders dated 04.12.2024 (Annexure P-3) and dated 18.03.2025 (Annexure P-5) on merits undertakes to join the trial proceedings within one week.

4.

Without addressing the merits of the case or the legality of the order, as the same has not been contested by the learned counsel for the petitioner, who has voluntarily agreed to join the proceedings before the trial court and to pay a penalty of Rs. 15,000/- to the Punjab & Haryana High Court Bar Association for causing unwarranted delay in the trial proceedings, the orders dated 04.12.2024 (Annexure P-3) and dated 18.03.2025 (Annexure P-5) is hereby set aside. However, the aforesaid order would be subject to fulfillment of undertaking given before this Court on behalf of the petitioner that she will surrender within a period of 10 days. In case, if any application seeking regular bail is moved by the petitioner, the same be considered by the Court below preferably on that very day in accordance with law. The amount so deposited by the petitioner shall not be construed as cost for this order but penalty for stalling the court proceedings by evading himself from trial for a long time. 5.

The petition stands disposed off in the aforesaid terms. 08.07.2025 (SANDEEP MOUDGIL) sonia JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SONIA BURA 2025.07.09 17:14 I attest to the accuracy and integrity of this document