Partly allowed

Vikas Girdhar v. State of Punjab and Another

Punjab & Haryana HC28 Aug 2024CRM-M/40969/2024

Case brief

AI extract

What is this about?

Petitioner sought quashing of bail cancellation order in S.138 NI Act matter alleging medical illness prevented personal appearance. Court found no irregularity but directed surrender on next date to secure admission on bail, deeming default a dismissal.

What did the court decide?

Order disposed with direction to surrender before trial court on or before next hearing; on surrender, admit to bail subject to furnishing bonds. Petition deemed dismissed if not complied.

Vikas Girdhar Vs State of Punjab and Another — Bail and Remand | Punjab & Haryana HC (2024)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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130 CRM-M No.40969 of 2024 Date of decision: 28.08.2024

VIKAS GIRDHAR

... Petitioner

Versus

STATE OF PUNJAB A ND ANOTHER … Respondents

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CORAM: HON’BLE MRS. JUSTICE MANISHA BATRA

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Present : M r . Gaurav Verma, Advocate for t he petitioner.

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� �� ********

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MANISHA BATRA, J. (oral)

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Pr a yer made in this petition by t h e petitioner is for quashing th e order dated 05.08.2024 (Annexure P-3) passe d by �� , Mohali passed in criminal complaint No. NACT/1017/2021 titled a s Dr. Kiran Pal Singh vs. Vikas Girdhar Etc. l o dged under Section 138 of th e Negotiable Ins t ruments Act, 1881.

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A perusal of order dated 05.08.2 0 24 (Annexure P-3) reveals tha t the bail of the p etitioner was cancelled by lear n ed trial Magistrate by observin g that he had b een seeking exemption and continuously and intentionall y avoiding his p e rsonal appearance from the Cou r t. 2. It is submitted by learned cou n sel for the petitioner that th e petitioner is s u ffering from serious ailments and has been admitted in th e hospital durin g the period for which exemptio n had been sought by him. Du e to his health c o ndition, he has not been able to appear before the trial Court o n 05.08.2024 an d his counsel had moved an application for exempting hi s

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Jyoti 2024.08.29 12:39 I attest to the accuracy and integrity of this judgment/order Chandigarh

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CRM-M No.40969 of 2024 - 2-

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personal appe a rance. It is submitted that in view of the circumstances, s o explained the o rder dated 05.08.2024, is liable t o be recalled. 3. L e arned counsel for the petition e r has also placed on record a copy of medic a l report dated 20.08.2024, sh o wing the medical condition o f the petitioner as well as photocopies of certain photographs which showed hi m admitted in ho s pital.

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T h ough, on perusal of impugned o rder, no irregularity or infirmit y is found to ha v e been committed by learned t r ial Magistrate while cancellin g the bail of t h e petitioner, however, keepi n g in view the circumstance s explained in the petition I am of the considere d opinion that interest of justic e would be fully met if permission is granted to t h e petitioner to surrender befor e the trial Court o n or before the next date of hea r ing. 5. A c cordingly, the petition is disp o sed of with the direction to th e petitioner to s u rrender before the trial Court on or before the next date o f hearing and it is further ordered that on his surrender, the concerned Cour t shall admit hi m to bail subject to his furnish i ng personal/surety bonds to it s satisfaction. H o wever, this petition shall be d eemed to be dismissed if th e petitioner does not abide by this order.

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A copy of this order be sent to the concerned Court.

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(MANISHA BATRA) 28.08.2024 JUDGE

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Jyoti-IV

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Whether speaking/reasoned: Ye s /No. Whether reportable : Ye s /No

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Jyoti 2024.08.29 12:39 I attest to the accuracy and integrity of this judgment/order Chandigarh

Vikas Girdhar v. State of Punjab and Another

Case brief

What is this about?

What did the court decide?

Vikas Girdhar v. State of Punjab and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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