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CRM-M-36843-2025 1 IN THE HIGH COURT PUNJAB AND HARYANA AT CHANDIGARH 129 CRM-M-36843-2025 Date of Decision: 15.07.2025 DHARAMPAL SINGH ...PETITIONER VERSUS STATE OF PUNJAB AND ANOTHER ...RESPONDENTS
CORAM: HON’BLE MR. JUSTICE H.S.GREWAL Present: Mr. Gurjinder Singh Thind, Advocate for the petitioner. **** H.S. GREWAL, J. (ORAL)
1. This petition has been filed under Section 528 of BNS for quashing of order dated 18.01.2014 (Annexure P-7) passed by the ld. Judicial Magistrate Ist Class, Phagwara in case COMA/2163/2013 dated 02.03.2013 under Section 138 of Negotiable Instruments Act, Phagwara, District Kapurthala vide which the petitioner has been declared as proclaimed offender.
2.
Learned counsel for the petitioner submits that the petitioner could not appear before the trial Court on 19.09.2013 as he was unwell. As such the learned trial Court cancelled the bail orders of the petitioner and his bail bonds and surety bonds were ordered to be forfeited. Non-bailable warrants of arrest against the petitioner have been issued. He further submits that the petitioner may be permitted to surrender before the learned trial Court to attend the trial proceedings continuously and, therefore, requests that the impugned order may be set aside. The petitioner undertakes to appear before the trial Court regularly and shall not seek any exemption from appearance.
3. Notice of motion. Renu Rawat 2025.07.15 16:36 I attest to the accuracy and integrity of this document
CRM-M-36843-2025 2
4. Mr. Kamalpreet Bawa, DAG, Punjab appears and accepts notice on behalf of the respondent-State.
5. I have heard the submissions made by the learned counsel for the petitioner and gone through the case file.
6. In view of the limited prayer made by the learned counsel for the petitioner, this Court deems it appropriate to decide this case without issuing notice to respondent No.2. This Court does not find any legitimate ground to interfere in the impugned order dated 18.01.2014 (Annexure P-7) passed by the ld. Judicial Magistrate Ist Class, Phagwara. However, in case the petitioner surrenders before the trial Court within 07 days from today at 10:00 A.M and move an application for grant of regular bail, on his doing so, the trial Court shall consider and decide the same on the same day.
7. Petition stands dismissed.
(H.S.GREWAL) 15.07.2025
JUDGE renu Whether speaking/ reasoned : Yes/No Whether Reportable : Yes/No Renu Rawat 2025.07.15 16:36 I attest to the accuracy and integrity of this document