Disposed

Yasmin Bano v. Bpc Technologies India Pvt. Ltd.

Punjab & Haryana HC29 Aug 2024CRM-M/42051/2024

Case brief

AI extract

What is this about?

Petition sought quashing of an order issuing non-bailable warrants after dismissal of a presence-exemption application in a cheque-dishonour complaint. Counsel restricted the prayer to surrender with bail protection; the Court disposed of the petition directing surrender within four weeks with bail on furnishing bonds.

What did the court decide?

Surrender within 4 weeks; bail on personal/surety bonds; arrest warrants not executed till then.

Yasmin Bano Vs Bpc Technologies India Pvt. Ltd. — Cheque Dishonour | Punjab & Haryana HC (2024)

¶1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶2

123 CRM-M No.42051 of 2024 �� Date of decision: 29.08.2024

YASMIN BANO

…. Petitioner

Versus

BPC TECHNOLOGIES INDIA PVT. LTD. …. Respondent

¶7

CORAM: HON’BLE MRS. JUSTICE MANISHA BATRA

¶8

Present : M r . Sanjeev Chaudhary, Advocat e for the petitioner. ********

¶9

MANISHA BATRA, J. (oral) CRM-34210-2024

¶10

A p plication is allowed as prayed fo r.

¶11

Main case

¶12

Pr a yer in this petition has been m ade for quashing of order date d 23.07.2024 pa s sed in criminal complaint beari n g No. NACT/43068/2022 tilte d as BPC Technologies Pvt. Ltd. vs. Yasmin Ba n o filed under Sections 138 an d 142 of the Ne g otiable Instruments Act, 1881, w hereby, the application move d by the petitio n er for exempting her presenc e had been dismissed and non - bailable warra n ts were ordered to be issue d against her vide order date d 23.07.2024.

¶13

It i s submitted by learned counsel for the petitioner that notice fo r appearance wa s received by the petitioner for t h e first time for 20.04.2024. Th e counsel engag e d by her had appeared on her b ehalf and after filing memo o f appearance, he had moved an application for e xempting her presence for tha t day which had been allowed but the applicati o n moved on the adjourned dat e

¶14

Jyoti 2024.08.30 16:46 I attest to the accuracy and integrity of this judgment/order Chandigarh

¶15

CRM-M No.42051 of 2024 �� 2-

¶16

of hearing, i.e. on 23.07.2024 for exempting h e r presence on account of illness , had been dismissed and impugned order was p a ssed.

¶17

L e arned counsel for the petitio n er at this stage, restricts hi s arguments to t h e effect that the petitioner is ready to surrender before the tria l Court subject t o her being released on bail.

¶18

N o n-bailable warrants had been i s sued against her on account o f her non appe a rance. Since, she is willing to appear before learned tria l Magistrate an d to abide by the terms and c o nditions to be imposed by th e concerned Cou r t, therefore, this petition is disposed of and direction is given t o the petitioner t o surrender before the trial Cour t within a period of 4 weeks an d it is further or d ered that on her surrender, the c oncerned Court shall admit he r to bail subjec t to her furnishing personal/s u rety bonds to its satisfaction . However, this p etition shall be deemed to be dismissed if the petitioner doe s not abide by th i s order.

¶19

In the meantime, the warrants of a rrest be not executed against th e

¶20

petitioner till t h e period as mentioned above.

¶21

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

¶22

(MANISHA BATRA) 29.08.2024 JUDGE Jyoti-IV Whether speaking/reasoned: Ye s /No. Whether reportable : Ye s /No

¶23

Jyoti 2024.08.30 16:46 I attest to the accuracy and integrity of this judgment/order Chandigarh

Yasmin Bano v. Bpc Technologies India Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Yasmin Bano v. Bpc Technologies India Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dinesh Jangra, Advocate Vs State of U.T. Chd and Anr.

Mohit Alias Motta Vs State of Haryana

Manisha Kumari and Anr. Vs State of Punjab and Ors.

Priyanshu Vs State of Haryana

Gopal Mahajan Alias Gopi Mahajan Vs State of Punjab and Another

Manveen Kaur Vs State of Punjab