Bhupender v. State Of Haryana And Another

In the High Court of Punjab and Haryana, at Chandigarh Criminal Misc. No. M-54576 of 2025 Date of Decision: 25.09.2025 Bhupender ... Petitioner(s)

Versus

State of Haryana and Another ... Respondent(s) CORAM: Hon'ble Mr. Justice Surya Partap Singh.

Present:

Mr. Parveen Kaushik, Advocate for the petitioner(s).

Mr. Ved Parkash, Senior Deputy Advocate General, Haryana.

Surya Partap Singh, J.

1.

The petitioner, who is facing trial for the commission of offence punishable under Section 138 of the Negotiable Instruments Act, was accorded the benefit of bail. However, on 19.02.2025, he breached the condition of bail and failed to appear before the trial Court. In such circumstances, the trial Court cancelled the bail and issued warrants of arrest to procure the presence of petitioner for 01.03.2025. However, on 01.032025, when the warrants of arrest of the petitioner could not be executed and the petitioner did not turn up before the Court, the learned trial Court issued proclamation against the petitioner and ultimately, by virtue of order dated 08.04.2025, the petitioner has been declared as proclaimed person.

2.

Notice of motion.

DEEPAK KUMAR BHARDWAJ 2025.09.26 12:26 I attest to the accuracy and integrity of this document

Criminal Misc. No. M-54576 of 2025 3.

Since advance notice has already been served upon the State, Mr. Ved Parkash, Senior Deputy Advocate General, Haryana, accepts notice on behalf of respondent No.1, and waives service. 4.

Heard.

5.

It has been contended by learned counsel for the petitioner that due to miscommunication by the learned counsel for the petitioner before the learned trial Court, he could not appear before the Court. 6.

Since it is an admitted fact that on 19.02.2025, the petitioner was absent, no defect can be found in the order of learned trial Court, and therefore, there is no scope for interference in the above mentioned order. Hence, the present petition, being devoid of merit, is hereby dismissed. 7.

The petitioner is directed to surrender before the learned trial Court within a period of one month from today and if he moves an application for bail, the learned trial Court is directed to decide the same within a period of two days, thereafter.

(Surya Partap Singh) Judge September 25, 2025 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2025.09.26 12:26 I attest to the accuracy and integrity of this document