Single judge disposed of a petition seeking discharge of bail bonds in a cheque dishonour case. The court ordered surety bonds to be discharged pending the return of the complaint to the competent court while the personal bond remains valid.
Surety bond discharged pending return of complaint; personal bond remains in force.
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CRM-M-27904-2013 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-27904-2013 (O&M). Decided on: February 3, 2014.
Ranbir Singh Kharab
..... Petitioner(s)
Versus
Cholamandalam DBS Finance Limited.
..... Respondent(s)
CORAM: HON'BLE MR. JUSTICE M.M.S. BEDI
PRESENT Mr.Vivek Khatri, Advocate, for the petitioner.
M.M.S. BEDI, J (ORAL).
Notice issued to the respondent has been received back served. No one has put in appearance on behalf of the respondent bank.
Vide order dated 15.5.2013, the complaint filed by the respondent financial institution has been returned requiring the complainant to file the same before the Court of competent jurisdiction.
The grievance of the petitioner raised in the complaint under Section 138 of the Negotiable Instruments Act, is only that the bail bonds/surety bonds furnished by him should be discharged with liberty to appear before the Court of competent jurisdiction as and when he is required to do so on the basis of any judicial order passed by the said Court of competent jurisdiction. The request made by the petitioner seems to be appropriate. The surety
1
Raj Kumar Arora 2014.02.06 10:55 I attest to the accuracy and integrity of this document
CRM-M-27904-2013 (O&M)
bond furnished by the petitioner will be deemed to have been discharged till the return of the complaint. So far as the personal bond furnished by the petitioner is concerned, he will remain bound by the same as he has undertaken to put in appearance before the Court as and when summoned.
Disposed of with above observations.
February 3, 2014. rka
(M.M.S. BEDI) JUDGE
2
Raj Kumar Arora 2014.02.06 10:55 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the bail bond furnished by the petitioner under a cheque dishonour complaint should be discharged pending the return of the complaint to the appropriate court.
1 provisions across 1 enactments
Ranbir Singh Kharab
Cholamandalam DBS Finance Limited
M.M.S. BEDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
