CRM-M-36034-2026 -1- 239 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-36034-2026 Date of Decision: 20.07.2026 Rajiv Kumar Chugh @ Rajiv Chugh …Petitioner vs. M/s Hari Om Trading Company and another …Respondents Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Bhanu Bains, Advocate for the petitioner. Mr. Rajiv Sidhu, Sr. DAG, Haryana. *** N.S.Shekhawat J. (Oral) 1. The petitioner has filed the present petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 439 Cr.P.C) with a prayer to grant the concession of regular bail to him in case complaint No.NACT/5302 dated 31.07.2018 pending in the Court of Learned JMIC Karnal under Section 138 of Negotiable Instrument Act (Annexure -P-4). 2. Learned counsel for the petitioner contends that after passing of the summoning order by the trial Court, the petitioner had appeared before the trial Court and was admitted to bail on 17.05.2024. Thereafter, the petitioner was regularly appearing before the trial Court. However, on account of death of his father on 08.06.2025, the petitioner could not appear before the trial Court and was subsequently declared as proclaimed offender, vide order dated 22.09.2025. He further submits that even the petitioner is a senior citizen and is suffering from heart disease. The petitioner was arrested in the present case on HEMLATA 2026.07.21 14:16 I attest to the accuracy and integrity of this document CRM-M-36034-2026 -2- 13.04.2026 and is in custody since then. He further submits that the offence is triable by the Court of Magistrate and the trial is likely to take considerable time, before reaching its logical conclusion. 3. On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that serious allegations have been levelled against the present petitioner and he does not deserve the concession of bail by this Court. 4. I have heard the learned counsel for the parties and perused the record. 5. In the present case, the proceedings arise out a complaint under Section 138 of the Negotiable Instruments Act, which pertains to the dishonour of cheque. Apart from that, the dispute is between the private parties and the petitioner may not be in a position to tamper with the prosecution evidence. The petitioner is stated to be in custody for the last about 3 months and his further shall not serve any purpoe. 6. Without commenting on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate, concerned. 7. The petitioner shall file an affidavit before the trial Court that he shall appear before the trial Court on each and every date of hearing and shall not remain absent during trial, without prior permission of the trial Court. (N.S.SHEKHAWAT) 20.07.2026 JUDGE hemlata Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HEMLATA 2026.07.21 14:16 I attest to the accuracy and integrity of this document