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High Court of Punjab and HaryanaCRM-M/44395/2023disposed of

Gurdeep Ram v. State Of Punjab And Another

2023-09-05Mrs. Justice Manjari Nehru Kaul2 pages

CRM-M-44395-2023 -12023:PHHC:117005

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-44395-2023 Decided on : 05.09.2023 Gurdeep Ram ...... Petitioner

Versus

State of Punjab and another ...... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Vinod K.Kaushal, Advocate for the petitioner.

**** Manjari Nehru Kaul, J.(Oral) Instant petition has been filed under Section 482 Cr.PC for quashing of the order dated 01.04.2023 (Annexure P-3) passed by JMIC, Jalandhar in complaint case No.NACT/174/2018 titled as "Lachman Dass vs. Gurdeep Ram" under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act') vide which the petitioner was declared as a Proclaimed Offender. 2.

Learned counsel for the petitioner submits that subsequent to the registration of complaint under Section 138 of the Act, the petitioner was granted bail by the Court below. Learned counsel further submits that thereafter petitioner was regularly appearing but due to pandemic Covid-19, the case was adjourned and he could not know about the next date of hearing. Learned counsel still further submits that the petitioner is ready to appear and surrender and thereafter join proceedings before the trial Court.

3.

Notice of motion.

4.

On the asking of Court, Mr. I.P.S.Sabharwal, DAG, Punjab accepts notice on behalf of the respondent-State.

SONIA BURA 2023.09.06 13:07 I attest to the accuracy and integrity of this document

CRM-M-44395-2023 -22023:PHHC:117005 5.

In view of the submissions made above, the petition is disposed of with directions to the petitioner to appear and surrender before the trial Court on or before 12.09.2023 and move appropriate application for grant of bail. Till then, no coercive steps be taken against the petitioner. The trial Court on such application being moved shall decide it expeditiously in accordance with law. It is, however, made clear that in case the petitioner fails to appear and surrender before the Court below within the above stipulated time period, then this order shall be of no avail to him, thereafter.

05.09.2023 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2023.09.06 13:07 I attest to the accuracy and integrity of this document