Suresh Chauhan v. State of Hp and Anr.

Himachal Pradesh HC17 Mar 2026CRMMO/837/2025

Case brief

AI extract

What is this about?

CrMMO No. 837 of 2025, High Court of Himachal Pradesh, Shimla (Sandeep Sharma, J., oral; decided 17.3.2026). Keywords: cancellation of NBWs / non-bailable warrants; Section 138 Negotiable Instruments Act complaint; medical emergency excuse for non-appearance; warrant execution deferred to 5.5.2026; police liberty to execute on default; JMFC Anni, Kinnaur; interim stay order dated 10.9.2025; Davender Kumar v. Suresh Chauhan (Comp.US138Nia/63/2022); petition disposed of with directions.

What did the court decide?

Petition disposed of along with pending applications: petitioner directed to appear before the JMFC, Anni (Kinnaur) on 5.5.2026; execution of the NBWs dated 17.7.2025 deferred till that date, with liberty to the police to execute the warrants if the petitioner defaults. ¶¶14

Suresh Chauhan Vs State of Hp and Anr. — Cheque Dishonour | Himachal Pradesh HC (2026)

What the court decided

AI extract

Outcome

¶¶14

Issue for consideration

Whether the non-bailable warrants dated 17.7.2025 issued by the Judicial Magistrate First Class, Anni against the petitioner — who claims he could not appear due to a medical emergency — should be cancelled.

¶¶7

Court's answer

This Court sees no illegality or infirmity in the order dated 17.7.2025 whereby NBWs were issued against the petitioner for his failure to put in appearance before the court concerned.

¶¶10

Ratio / Principle

Without going into the merits, the Court disposed of the petition with a direction to the petitioner to remain present before the Judicial Magistrate First Class, Anni, Kinnaur on 5.5.2026 (the date the case is listed), and until then the NBWs dated 17.7.2025 shall not be executed.

¶¶10

Key takeaways

If the petitioner fails to put in appearance on 5.5.2026, the police would be at liberty to execute the NBWs dated 17.7.2025 (direction begins at the close of ¶10 and continues through ¶12–¶13).ratio¶¶10

Detailed headnote1 paragraphs

Criminal miscellaneous petition seeking cancellation of non-bailable warrants (NBWs) dated 17.7.2025 issued by the Judicial Magistrate First Class, Anni in a Section 138 Negotiable Instruments Act complaint (Davender Kumar v. Suresh Chauhan, Comp.US138Nia/63/2022) on the ground that a medical emergency prevented the petitioner's appearance. The High Court found no illegality or infirmity in the warrant-issuing order but, noting the petitioner's readiness to join the proceedings, disposed of the petition without entering the merits, directing him to remain present before the JMFC, Anni (Kinnaur) on 5.5.2026 and deferring execution of the NBWs till that date, with express liberty to the police to execute the warrants in case of default. An interim stay of trial-court proceedings had earlier been ordered by this Court on 10.9.2025.

¶1

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

¶2

CrMMO No. 837 of 2025 Date of Decision: 17.3.2026

¶3

_____________________________________________________________________ Suresh Chauhan ……...Petiti Versus State of Himachal Pradesh and Ors. …....Respond
Coram
Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting?

¶4

	……...Petitioner
Versus
	…....Respondents

¶5

For the Petitioner: Mr. Sative Chauhan, Advocate. For the Respondents: Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General and Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocates General, for the State. Mr. M.S. Katoch, Advocate, for respondent No.2. ___________________________________________________________________________

¶6

Sandeep Sharma, J. (Oral)

¶7

By way of instant petition, prayer has been made by the petitioner for cancellation of NBWs dated 17.7.2025, issued by the learned Judicial Magistrate First Class Anni in case titled Davender Kumar v. Suresh Chauhan in Comp.US138Nia/63/2022.

¶8

2. Precisely, the grouse of the petitioner as has been highlighted in the petition and further canvassed by Mr. Sative Chauhan, learned counsel for the petitioner is that on account of medical emergency,

¶9

¶10

petitioner was unable to come present before the learned trial Court on the given date, but yet trial court below proceeded to issue NBWs on 17.7.2025. 3. Having taken note of ground of medical emergency raised at the behest of the petitioner, this court vide order dated 10.9.2025 stayed the proceedings before the learned trial Court, as a result of which, complaint filed under Section 138 of the Negotiable Instruments Act at the behest of the complainant has not progressed till date. This Court having carefully perused petition as well as afore documents adduced on record, sees no illegality or infirmity in the order dated 17.7.2025, whereby NBWs came to be issued against the petitioner for his having not put in appearance in the court concerned, but having taken note of the statement made by the learned counsel for the petitioner that petitioner is ready and willing to join the proceedings on the next date, this Court without going into the merits of the case, deems it fit to dispose of the same with direction to the petitioner to remain present in the court of Judicial Magistrate First Class Anni, Kinnaur on 5.5.2026 , on which date, case is stated to be listed before the court concerned and till then, NBWs dated 17.7.2025, issued for securing the presence of the petitioner shall not be executed. Ordered accordingly. It is made clear that in case petitioner fails to put in

¶11

¶12

appearance on the afore date, police would be at liberty to execute the

¶13

NBWs dated 17.7.2025.

¶14

4. In the aforesaid terms, present petition is disposed of along

¶15

with pending applications, if any.

¶16

March 17, 2026

¶17