Allowed

Manjit Singh v. the Kangra Central Cooperative Bank Ltd. and Anr.

Himachal Pradesh HC2 Jan 2023CRMMO/1300/2022

Case brief

AI extract

What is this about?

The High Court refused interference with an order issuing non-bailable warrants for the petitioner's absence in an NIA Section 138 proceeding. Instead, it granted interim protection from arrest until January 20, 2023, directing the petitioner to approach the Trial Court with an application for recalling warrants before that date.

What did the court decide?

Interim protection from arrest granted until January 20, 2023; petitioner allowed to appear before Trial Court before said date.

Manjit Singh Vs the Kangra Central Cooperative… — Cheque Dishonour | Himachal Pradesh HC (2023)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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Cr.MMO No. 1300 of 2022

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	Date of decision: 2.1.2023
Manjit Singh. The Kangra Central Coo	…Petitioner. Versus perative Bank Ltd. & another. …Respondents.
*Coram* *The Hon’ble Mr. Justice* *Whether approved for r*	*Vivek Singh Thakur, Judge.* *eporting?*¹
*For the Petitioner:*	*Mr.Mukul Sood, Advocate.*
*For the Respondents*:	*Mr.Rakesh Kumar Thakur, Advocate, for* *respondent No. 1.*
	*Mr.Harinder* *Singh* *Rawat,* *Additional* *Advocate General, for respondent No. 2.*

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Vivek Singh Thakur, Judge (Oral)

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Petitioner has approached this Court, assailing order dated 15.11.2022, whereby service upon the petitioner has been ordered to be effected through non bailable warrants for 6.2.2023 in Complaint No. 27-1 of 2016, titled as Kangra Central Co-operative Bank Vs. Manjeet Singh, a complaint filed under Section 138 of Negotiable Instruments Act, pending adjudication before Judicial Magistrate First Class Court No. II, Amb, District Una, H.P.

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From the material placed before me, it is apparent that nonbailable warrants were issued against the petitioner prior to 3.9.2022 for ensuring his presence for 13.9.2022, which remained unexecuted, whereupon again non-bailable warrants were issued for ensuring his service/presence for 15.11.2022.

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It is also apparent from the record that earlier petitioner had appeared in the Court on earlier dates and had furnished bail and surety bonds as a notice has also been issued to his surety, but his surety was also

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Whether the reporters of the local papers may be allowed to see the Judgment? Yes

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Cr.MMO No. 1300 of 2022

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not present before the Court on 13.9.2022 and, therefore, non bailable warrants were also issued against surety on that date.

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Learned counsel for the petitioner has tried to justify the absence of the petitioner for various reasons, but all these factors and reasons are required to be explained before the Trial Court and to be assessed by the Trial Court which has issued non bailable warrants. I do not find any illegality, irregularity or perversity in the impugned order, warranting interference of this Court. In such a situation, as also provided in the Code of Criminal Procedure, petitioner is supposed to approach the Court which has issued non bailable warrants for recalling/cancellation of non bailable warrants for the reasons and plausible explanation for continuation of his bail and for condoning the absence on previous dates.

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However, considering the submissions of learned counsel for the petitioner, by taking a lenient view, petitioner is directed and permitted to appear before the trail Court on or before 20^th January, 2023 by granting him protection from his arrest till 20.1.2023 in compliance to non-bailable warrants issued against him in the case referred supra.

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Petitioner shall approach the Court by filing appropriate application for recalling the non bailable warrants issued against him unexecuted with further explanation for his absence on previous dates, whereupon Trial Court shall take a just and fair decision by taking into consideration material placed before it in accordance with law without being influenced by observations made by this court in this order.

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In case petitioner fails to approach the Trial Court by submitting him to the jurisdiction of Trial Court on or before 20.1.2023, interim protection granted to him shall stand vacated and he shall be dealt with in accordance with law.

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Cr.MMO No. 1300 of 2022

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In case petitioner approaches the trial Court before 20.1.2023, after 20.1.2023 petitioner shall abide by and be governed by further orders passed by the trial Court.

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The petition is allowed and disposed of in the aforesaid terms. Parties are permitted to produce a copy of this judgment, downloaded from the web-page of the High Court of Himachal Pradesh, before the trial Court, and the trial Court shall not insist for production of a certified copy but if required, passing of order can be verified from Website of the High Court.

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(Vivek Singh Thakur), 2^nd January, 2023. Judge. (Keshav)

Manjit Singh v. the Kangra Central Cooperative Bank Ltd. and Anr.

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Manjit Singh v. the Kangra Central Cooperative Bank Ltd. and Anr.

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