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High Court of Punjab and HaryanaCRM-M/58321/2025disposed of

Ravinder Singh v. M/S Cee Emm Sales Corporation Gt Road Mukerian Dist Hoshiarpur

2025-10-29Mrs. Justice Sukhvinder Kaur2 pages

CRM-M-58321-2025 

       CRM-M-58321-2025 (O&M)  

  !"#" # $ Ravinder Singh

...Petitioner

VERSUS

M/s CEE EMM Sales Corporation GT Road Mukerian, District Hoshiarpur.

...Respondent

CORAM : HON'BLE MRS. JUSTICE SUKHVINDER KAUR

Present:

Mr. Avtar S. Khinda, Advocate for the petitioner.  % &' &

 (") *+  ,-. / - # $ Prayer in this application is for placing on record zimni orders dated 17.03.2025 to 18.10.2025 as Annexure P-7. Allowed as prayed for. Annexure P-7 is taken on record, subject to just exceptions.

CRM-M-58321-2025 Present petition has been filed under Section 528, BNSS, 2023, for quashing of order dated 25.02.2025, passed by learned Additional Sessions Judge, Kapurthala, vide which the bail bonds and surety bonds of the petitioner were cancelled and forfeited to state and non-bailable warrants have been issued against the petitioner in case bearing CRA-1572019 pertaining to complaint NACT No.66 of 2019, under Section 138 of NI Act.

The relevant facts of the present case for adjudication are that JYOTI 2025.10.31 14:49 I attest to the accuracy and integrity of this document

CRM-M-58321-2025 the petitioner, after his conviction by learned Sub Divisional Magistrate, Bholath vide judgment dated 31.07.2020 preferred appeal before learned Additional Sessions Judge, Kapurthala and his sentence was suspended by the Appellate Court on 29.08.2019. On 25.02.2025, the petitioner became absent before the Appellate Court and his non-bailable warrants were ordered to be issued by the said Court and his bail bonds and surety bonds were cancelled and forfeited to State.

It has been contended by learned counsel for the petitioner that earlier the petitioner was regularly appearing before the Appellate Court. The absence of the petitioner was neither intentional nor deliberate. Learned counsel has submitted that the petitioner is ready to surrender before the Appellate Court. Therefore, the impugned order dated 25.02.2025 be set aside.

Heard.

Considering the facts and circumstances of the present case and to enable the petitioner to join the proceedings pending before the Appellate Court and to expedite the proceedings in appeal, the impugned order dated 25.02.2025 is set aside. The petitioner is directed to surrender and appear before the Appellate Court within 10 days and on doing so, he would be released on bail on furnishing his fresh bail/surety bonds to the satisfaction of the Court concerned and with the undertaking to appear regularly before the Appellate Court on each and every date of hearing, subject to depositing of Rs. 9,000/- with DLSA, Kapurthala. Disposed of in the aforesaid terms.

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  JYOTI 2025.10.31 14:49 I attest to the accuracy and integrity of this document