Unique Traders v. State Of Haryana And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-53674-2024 Date of decision: 25.10.2024 Unique Traders, Moaradabad Road through its Prop.Riyasat Hussain ....Petitioner V/s State of Haryana and another ....Respondents CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr.Abdul Aziz, Advocate, for the petitioner.

***** MANJARI NEHRU KAUL, J. (ORAL) 1.

The petitioner is seeking setting aside of orders dated 03.03.2023 and 12.06.2023 (Annexures P-12 and P-14) respectively passed by learned Special Railway Magistrate-cum-Judicial Magistrate First Class, Ambala whereby he was declared a proclaimed person in compliant under Section 138 of Negotiable Instruments Act, 1981 titled as Darwin Agro Vs. Unique Traders numbered as COMA/2286/2019 dated 20.08.2019 . 2.

Learned counsel for the petitioner at the outset submits that the petitioner is willing and ready to appear, and surrender before the Trial Court. Hence, in the aforementioned facts and circumstances, the petitioner be protected till his appearance before the Trial Court, and directions be given to the Trial Court that his bail application, which he would be filing on his surrender, be decided expeditiously.

3.

Notice of motion.

4.

On asking of the Court, Mr.Gagandeep Singh Chhina, AAG, Haryana, accepts notice on behalf of respondent-State. POONAM RATHORE 2024.10.28 10:51 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-53674-2024 -25.

In view of the limited prayer made by the learned counsel for the petitioner, the instant petition is disposed of with the following directions:

"The petitioner is to appear and surrender before the trial Court on or before 05th November, 2024. Till then, no coercive steps be taken against the petitioner. This is contingent upon the petitioner paying a cost of Rs.10,000/- to be deposited with the District Legal Services Authority concerned." 6.

It is made clear that in case, the petitioner fails to surrender before the Trial Court on or before 05th November, 2024, this order shall be of no avail to him, thereafter. In case, on appearance and surrender, the petitioner moves an application for bail, the Trial Court shall make earnest efforts to decide it expeditiously, in accordance with law. (MANJARI NEHRU KAUL) JUDGE October 25, 2024 poonam Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No POONAM RATHORE 2024.10.28 10:51 I attest to the accuracy and authenticity of this document High Court Chandigarh