CRM-M-40480-2026 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 134 CRM-M-40480-2026 Decided on : 29.07.2026 Hardeep Singh Poswal @ Hardeep Singh . . . Petitioner Versus Anita Sharma . . . Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: None. **** SANJAY VASHISTH, J. (Oral) 1. Present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeking quashing of the order dated 17.07.2026 (Annexure P-3), whereby the bail granted to the petitioner was cancelled, warrants of arrest were issued against him, and notice was issued to the surety for 04.08.2026 in appeal bearing No. CRA- 67-2023, titled Hardeep Singh v. Anita Sharma. 2. Respondent-complainant filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, on account of the dishonour of a ₹ cheque amounting to 3,00,000/-. Upon conclusion of the trial, petitioner- accused was convicted and sentenced vide judgment dated 09.02.2023. Thereafter, petitioner preferred an appeal before the learned Sessions Court at Kurukshetra. Appeal was listed for hearing on 17.07.2026. However, on that date, petitioner could not appear before the learned Appellate Court as he was unwell. Despite making all reasonable efforts, he could not communicate the necessary information to his counsel appearing before the Appellate Court for moving an application seeking exemption from personal appearance. Consequently, learned Appellate Court cancelled the petitioner's RASHMI 2026.07.29 15:25 I attest to the accuracy and integrity of this document CRM-M-40480-2026 - 2 - bail, issued warrants of arrest against him, and also issued notice to the surety for 04.08.2026. It has further been pleaded that the petitioner is willing to amicably settle the matter by paying the entire cheque amount in view of the judgment of the Hon'ble Supreme Court in Sanjabij Tari v. Kishore S. Borcar, 2025 INS 1158, decided on 25.09.2025. Thus, it appears that, through present petition, petitioner merely seeks an opportunity to appear before the learned Appellate Court and to be released on bail so as to enable him to pursue the appeal on merits. 3. I have perused the relevant material available on record. It is evident that the petitioner is willing to submit to the process of law and, by way of the present petition, seeks one opportunity to appear before the learned Appellate Court by abiding by such terms and conditions as may be imposed by the Court. 4. In number of cases, wherein, accused stopped appearing in criminal cases, the Courts are compelled to declare accused as ‘Proclaimed Person/Proclaimed Offender’. After examining the facts, this Court has formulated a uniform method to ensure the presence of accused before the concerned Court, to enable it to proceed further instead of delaying the proceedings by awaiting the presence of accused. Intentional or unintentional default of the accused can be dealt with by examining the facts from case to case involved, and where it is realized that absence or prolonged absence of such accused is intentional to evade the process of law, he/she can be penalized examining the nature of crime in which he is facing the proceedings and thereupon by imposing some RASHMI 2026.07.29 15:25 I attest to the accuracy and integrity of this document CRM-M-40480-2026 - 3 - cost amount subject to his/her capacity to pay. Primary object of every Court is only to examine the commission of crime in question before it vis a vis the person/accused, who is subjected to such proceedings, and if possible justice be imparted at the earliest without unnecessary delay. It is not expected that undue time would be devoted in securing the presence of absconded accused and also to waste energy by enforcing the special mechanism to arrest such accused. Considering all such aspects, this Court in the case of Ashish Kumar Honda @ Ashish Handa Vs. State of Punjab, 2022 (4) RCR (criminal) 765; Law Finder Doc Id # 20238111 considered similar plea of appearance, expressed at the instance of the accused, who failed to appear before the Court at appropriate time, and observed that: “paramount consideration of the Court is to secure presence of accused on each and every date for speeding up the trial for its final conclusion. Already Courts are flooded with so much litigation, resulting in slow pace of work, because of more than one reason. The required energy and manpower be used for expediting the proceedings of the Court, instead of running after the accused persons to get hold of them.” Again, this Court has considered the aforementioned similar plea in case Veena @ Veena Devi v. State of Punjab (CRM-M-2206-2025, decided on 16.01.2025). 5. In the totality of circumstances, I am of the view that petitioner may be granted one opportunity to appear before the Appellate Court so that the proceedings can recommence and continue smoothly. Accordingly, plea of petitioner is accepted to the extent of setting aside the impugned order dated 17.07.2026(Annexure P-3), whereby bail granted to petitioner was cancelled. Petitioner is directed to be released on bail upon his surrender before the Appellate Court on or before 11.08.2026. RASHMI 2026.07.29 15:25 I attest to the accuracy and integrity of this document CRM-M-40480-2026 - 4 - 6. Petitioner shall also furnish fresh bail bonds/surety bonds to the satisfaction of the trial Court. In addition, petitioner shall submit a specific undertaking/affidavit affirming that he will regularly appear during the proceedings in the future, and that the proceedings shall not be delayed on account of his conduct. 7. However, it is made clear that in case an FIR under Section 209 of the BNS (corresponding to Section 174-A IPC) has already been registered and the same is pending and not under challenge before this Court in the present proceedings, the instant order shall be deemed to be inoperative. 8. With aforementioned terms, present petition stands disposed of. (SANJAY VASHISTH) JUDGE 29.07.2026 rashmi Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No RASHMI 2026.07.29 15:25 I attest to the accuracy and integrity of this document