High Court of Punjab and HaryanaCRM-M/37312/2019disposed of

Randhir Kaur v. Jaswinder Kaur And Another

2019-09-05Mr. Justice Dr. Shekher Dhawan2 pages

In the High Court of Punjab and Haryana, at Chandigarh Criminal Misc. No. M-37312 of 2019 Date of Decision: 05.09.2019 Randhir Kaur ... Petitioner(s)

Versus

Jaswinder Kaur and Another ... Respondent(s) CORAM: Hon'ble Mr. Justice Shekher Dhawan.

Present:

Mr. K.R.Dhawan, Advocate for the petitioner(s).

Shekher Dhawan, J.

Present petition under Section 438 Cr.P.C. for seeking pre-arrest bail to the petitioner, namely Randhir Kaur in criminal complaint bearing No. 852 dated 07.12.2017, under Sections 138 & 142 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the Act"). Learned counsel for the petitioner contended that petitioner was arrayed as accused in a complaint under Sections 138 & 142 of the Act and she was never served in the case since 2017; thereafter, she was declared as proclaimed offender and the entire proceedings are not in accordance with law. However, learned counsel further contended that petitioner is ready to take all these pleas before the learned trial Judge as well. Notice of motion.

On asking of the Court, Mr. Pawan Sharda, Senior Deputy Advocate General, Punjab accepts notice on behalf of respondent No.2. A copy of paper-book be provided to him during the course of the day. DEEPAK KUMAR BHARDWAJ 2019.09.05 15:00 I attest to the accuracy and integrity of this document

Criminal Misc. No. M-37312 of 2019 In view of above, present petition stands disposed of with the directions that in case petitioner surrenders before the learned trial Court within a period of one week from today and moves an application for admitting her to bail, the learned trial Judge shall decide the same on merits within a period of three days thereafter. Petitioner shall be at liberty to take all the pleas which have been taken in the present petition regarding her being not served with any notice during the intervening period before the learned trial Court also and the learned trial Judge shall proceed with the case, as per record.

(Shekher Dhawan) Judge September 05, 2019 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2019.09.05 15:00 I attest to the accuracy and integrity of this document