High Court of Punjab and HaryanaCRM-M/47300/2022disposed of

Manjeet Kaur v. Mulakh Raj And Another

2022-10-14Mr. Justice Aman Chaudhary5 pages

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Present petition has been filed under Section 482 of the Code of Criminal Procedure for setting aside the order dated 26.9.2022, Annexure P-6, passed by learned Additional Sessions Judge, Karnal in CRA No.86 of 2019 titled as Manjeet Kaur vs. State of Haryana, whereby nonbailable warrants have been issued against the petitioner, as she has failed to deposit 20% of the compensation amount as imposed by the Court while suspending the sentence of the petitioner.

A complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act') in this case was initiated in the year 2017. The petitioner was convicted vide judgment dated 9.1.2019 and by order of even date, sentenced to undergo rigorous imprisonment for a period of one year and to pay compensation equivalent to cheque amount. Aggrieved against the said order of the judgment of conviction, an appeal was preferred by the petitioner, wherein vide order dated 31.1.2019, Annexure P-3, suspended the sentence of the petitioner subject to deposit 20% of the compensation amount within a period of 60 days. The petitioner filed an application for

seeking exemption from personal appearance alongwith the medical certificates, Annexures P-4 and P-5, which came to be declined by the learned Additional Sessions Judge vide order dated 26.9.2022, Annexure P6 and order of suspension of sentence was revoked and non-bailable warrants were issued against the petitioner for 22.11.2022. Learned counsel for the petitioner submits that non-appearance of the petitioner before the Appellate court was neither intentional, nor deliberate and it was for the reason of being unwell, which was so averred in the application filed by her for seeking exemption from personal appearance, which was also supported by the medical evidence. He submits that the petitioner is ready and willing to join the proceedings, Thus, he prays for grant of only one opportunity to surrender and join the proceedings and also to deposit the said amount, which may even be subject to costs. . (( ' * / % % ' % (

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Before parting with this order, it is made abundantly clear that in case the petitioner does not adhere to the aforesaid, the present petition shall be deemed to have been dismissed without any reference to this Court.

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