High Court of Punjab and HaryanaCRM-M/32105/2019dismissed

Sukhdev Singh v. State Of Punjab

2019-08-28Mr. Justice Dr. Shekher Dhawan2 pages

In the High Court of Punjab and Haryana, at Chandigarh 1.

Criminal Misc. No. M-32105 of 2019 Sukhdev Singh ... Petitioner(s)

Versus

State of Punjab ... Respondent(s) AND 2.

Criminal Misc. No. M-32112 of 2019 Sukhdev Singh ... Petitioner(s)

Versus

State of Punjab ... Respondent(s) Date of Decision : 28.08.2019 CORAM: Hon'ble Mr. Justice Shekher Dhawan.

Present:

Mr. Deepanshu Mehta, Advocate for the petitioner(s).

Shekher Dhawan, J.

This order shall dispose of two petitions i.e. CRM-M-321052019 and CRM-M-32112-2019 and for the purpose of decision thereof, fact are being taken from petition i.e. CRM-M-32105-2019. Present petition under Section 482 Cr.P.C. for quashing of order dated 30.03.2019 (Annexure P4), passed by the learned Additional Sessions Judge, Moga , whereby non-bailable warrants of arrest were issued against the petitioner in an appeal filed against the judgment of conviction and order DEEPAK KUMAR BHARDWAJ 2019.08.28 15:37 I attest to the accuracy and integrity of this document

Criminal Misc. No. M-32105 of 2019 And Criminal Misc. No. M-32112 of 2019 of sentence dated 01.11.2018, passed by the learned Sub Divisional Judicial Magistrate, Baghapurana whereby petitioner was held guilty for the commission of offence punishable under Section 138 of the Negotiable Instruments Act, 1881 in complaint bearing No. 39-A dated 09.06.2015 and was sentenced to undergo rigorous imprisonment for a period of two years and also to pay double of the cheque amount as compensation to the complainant.

The learned lower Appellate Court has already passed order dated 06.02.2019 (Annexure P3), whereby petitioner was directed to furnish bail bonds and surety bonds in terms of the order passed having been by it on 30.11.2018. But the petitioner failed to comply with the said order. As such, impugned order dated 30.03.2019 (Annexure P4) was passed by the learned lower Appellate Court, whereby bail granted to the petitioner was cancelled; his bail and surety bonds were ordered to be forfeited to the State and he was ordered to be summoned through non-bailable warrants of arrest. Thus, no case is made out to quash the impugned order dated 30.03.2019 (Annexure P4) and as such, both the above noted petitions stand dismissed.

(Shekher Dhawan) Judge August 28, 2019 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2019.08.28 15:37 I attest to the accuracy and integrity of this document