CRM-M-32505-2025 -1- 140 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-32505-2025 Date of Decision: 07.07.2025 Nursingha Parsad Pattnayak ..... Petitioner Versus Xolt India Technologies Pvt. Ltd. .......Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present: Mr. Abhay Gupta, Advocate, for the petitioner. Rajesh Bhardwaj, J. (ORAL) 1. Prayer in the present petition is for quashing/setting aside of the impugned order dated 20.02.2024 (Annexure P-6) passed by learned Additional Sessions Judge, Chandigarh, whereby, the order suspending the sentence of the petitioner has been cancelled and non-bailable warrants have been issued against him in Criminal Appeal bearing No.CRA No.26/2020 which has been filed against judgment dated 21.01.2020 passed by learned JMIC, Chandigarh in complaint bearing No.NACT/9782-2017 filed under Section 138 of the Negotiable Instruments Act, 1881 (for short, ‘the Act’). 2. It has been contended by learned counsel for the petitioner that the petitioner has been falsely implicated in the present case. He submits that the petitioner was convicted and sentenced under Section 138 of the Act to undergo one year rigorous imprisonment and was also ordered to pay compensation of Rs.38,18,296/- to the respondent alongwith interest @10% per annum, vide order dated 21.01.2020. He further submits that the order dated 21.01.2020 was assailed by the petitioner before learned Appellate Court by way of filing an appeal and sentence of the petitioner was also suspended by it vide order dated 24.01.2020 and thereafter, the petitioner was regularly appearing before the Appellate Court. He submits that as the SHARMILA DEVI 2025.07.08 10:57 I attest to the accuracy and integrity of this order/judgment PHHC CRM-M-32505-2025 -2- counsel appearing for the petitioner was selected in Delhi Higher Judicial Services in February 2024, he could not properly represent the petitioner before the Court and thus, the order dated 24.01.2020 suspending the sentence of the petitioner was cancelled vide order dated 20.02.2024 and he was ordered to be summoned through non-bailable warrants. He submits that absence of the petitioner was totally unintentional and due to the circumstances beyond his control. He further submits that the petitioner is ready to appear before the Appellate Court and abide by all the terms and conditions, if any imposed by this Court. 3. After hearing learned counsel for the petitioner and perusing the record, it is evident that due to non-appearance of the petitioner on 20.02.2024, bail order suspending his sentence, was cancelled and he was ordered to be summoned through non-bailable warrants. The reason for non- appearance before the Court on the date fixed, as given by the petitioner is, not representing him properly by his counsel. The Court without going into the authenticity of the ground taken for the absence of the petitioner, deems it appropriate to direct the petitioner to appear the Court concerned to join the proceedings. In these circumstances, when the petitioner is ready to join the proceedings, the order dated 20.02.2024 is set aside subject to payment of Rs.20,000/- as costs to be paid to Sadhna Society for Mentally Handicapped, Near Housing Board Chowk, Raen Basera Building, Manimajra, Sector 13, Chandigarh by the petitioner within period of seven days from today. 4. The petitioner is directed to appear before the Appellate Court within a period of ten days from today and file an appropriate application SHARMILA DEVI 2025.07.08 10:57 I attest to the accuracy and integrity of this order/judgment PHHC CRM-M-32505-2025 -3- alongwith receipt of abovesaid costs and the Appellate Court would grant him bail till the disposal of the case on his furnishing fresh bail/surety bonds to its satisfaction. The petitioner will have protection from arrest for a period of 10 days from today. The Appellate Court is free to impose any condition on the petitioner while admitting him to bail. 5. Needless to say that in case the petitioner fails to comply with the abovesaid direction, this order would be of no avail to him and the order dated 20.02.2024 will come in force and the present petition shall be deemed to have been dismissed. 6. Petition stands disposed of in abovesaid terms. (RAJESH BHARDWAJ) 07.07.2025 JUDGE sharmila Whether Speaking/Reasoned : Yes/No Whether Reportable : Yes/No SHARMILA DEVI 2025.07.08 10:57 I attest to the accuracy and integrity of this order/judgment PHHC