2025:UHC:6166 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SHRI JUSTICE ASHISH NAITHANI 14th JULY, 2025 CRIMINAL MISCELLANEOUS APPLICATION NO.468 of 2024 Pankaj Kumar .…Applicant Vs. State of Uttarakhand and Another. ..…Respondents Counsel for the Applicant : Mr. Siddhartha Sah, Advocate. Counsel for the State : Mr. Girish Chandra Joshi, Assistant Government Advocate. Counsel for the Respondent : Ms. Manisha Bhandari, Advocate for respondent no.2. Hon’ble Ashish Naithani, J. The present Application has been filed under Section 528 of the B.N.S.S. to quash the order dated 05.09.2024 passed by the Judicial Magistrate Sitarganj, District Udham Singh Nagar in Criminal Case No.327 of 2022 State vs. Pankaj Kumar and others pertaining to FIR No.0340 of 2021, Police Station Sitarganj District Udham Singh Nagar for the offence punishable under Sections 408, 420, 467, 468, 471 and 120-B of IPC and Section 66 (C) of IT Act. 2. Heard Mr. Siddhartha Sah, learned counsel for the Applicant, Mr. Girish Chandra Joshi, learned AGA and Ms. Manisha Bhandari, learned counsel for respondent no.2. 2025:UHC:6166 3. The factual background, in brief, is that the complainant (Respondent No.2) is associated with the Truck Transport Association at SIDCUL, Sitarganj, which undertakes vehicle transportation. The Applicant, along with Jamir Malik, Sanjeev Sharma, Lovejit Singh, and Lovepreet Singh, was engaged to perform computer-related work in the office of the Association for nearly 10 to 15 years. Owing to their long association, they were entrusted with sensitive credentials, including the official email password. 4. It is alleged that during the COVID-19 period, when the complainant’s visits to the office became infrequent, the Applicant and the co-accused exploited the situation and committed financial embezzlement of approximately Rs. 10 lakhs by manipulating the accounts. Upon discovery of the alleged misappropriation, the complainant terminated their services. Subsequently, when Parle G Company sought confirmation for continued collaboration with the Association, one of the accused, Lovepreet Singh, allegedly sent a sabotaging email that led to the termination of the complainant’s contract with the company, causing further financial loss. 5. Learned Counsel for the Applicant submits that the Applicant and the other co-accused have already been granted bail by the learned Sessions Judge, Udham Singh Nagar, vide orders dated 05.02.2024 and 09.02.2024. It is further submitted that the Applicant has appeared before the learned trial court on most occasions, and his absence on a few dates was duly explained through exemption applications. 6. Per contra, learned State Counsel submits that the non-bailable warrant issued against the Applicant should not be cancelled, as he has violated the conditions imposed by the trial court, thereby demonstrating disregard for judicial directions. 2025:UHC:6166 7. Having heard learned Counsel for the parties and on perusing the records, this Court is of the view that the issuance of non-bailable warrant is a coercive measure that should ordinarily be resorted to only when the Applicant has demonstrated wilful and contumacious disregard of the process of law. In the present case, there is nothing on record to suggest that the Applicant has deliberately absconded or shown any intention to evade the proceedings. His appearance on several dates, along with the fact that exemption applications were moved on the occasions of his absence, indicates a bona fide intention to cooperate with the trial. 8. It is well-settled that the purpose of criminal proceedings is to ensure the presence of the accused to face trial, not to punish him by pre-trial incarceration unless necessary. Continuation of the non- bailable warrant at this stage, particularly when the matter is at the stage of trial, may only operate to delay proceedings, rather than expedite them. Accordingly, in the interest of justice and to avoid further procedural delays, the non-bailable warrant issued against the Applicant is hereby cancelled. 9. The Criminal Miscellaneous Application stands disposed of accordingly. _______________ ASHISH NAITHANI, J. Dt: 14th July, 2025 Arti ARTI SINGH Digitally signed by ARTI SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=487ed955e722ba65aab55409e686c12fb83a19325e8b66890fbee418e7b69c0d, postalCode=263001, st=UTTARAKHAND, serialNumber=26DC90E00D839E3E8714131F235087D2D87E133C57E7F4A7B2E734BE2521F982, cn=ARTI SINGH Date: 2025.08.20 10:47:06 +05'30'