Madhya Pradesh High Court
Shree Prakash Singh vs Sunita Singh on 28 February, 2023
Author: Anjuli Palo
Bench: Anjuli Palo
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SMT. JUSTICE ANJULI PALO
ON THE 28 th OF FEBRUARY, 2023
MISC. CRIMINAL CASE No. 1644 of 2023
BETWEEN:-
SHREE PRAKASH SINGH S/O SHRI BISWANATH SINGH,
AGED ABOUT 62 YEARS, R/O VILLA NO. GV 14, EMAR
PALM SPRING GOLF COURSE ROAD, SECTOR-54,
GURGAON (HARYANA)
.....PETITIONER
(BY SHRI SURENDRA SINGH - SENIOR ADVOCATE WITH SHRI SIMON
BENJAMIN - ADVOCATE AND SHRI SOMESH SHUKLA - ADVOCATE)
AND
SUNITA SINGH W/O SHAILESH SINGH R/O 52
NILMOHDIPUR GORAKHPUR (UP) AND CURRENTLY
RESIDING AT HOME GUARD MESS, JAHANGIRABAD,
BHOPAL (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI MRIGENDRA SINGH - SENIOR ADVOCATE WITH SHRI RISHABH
SINGH - ADVOCATE)
This petition coming for admission this day, t h e cou rt passed the
following:
ORDER
This petition has been filed by the petitioner under Section 482 of Cr.P.C. to set aside the orders dated 14.12.2022 & 20.12.2022 passed by the J.M.F.C., Bhopal in R.C.T. No.11081/2016.
From the record, it appears that a case under Section 138 of the Signature Not Verified Negotiable Instrument Act has been filed against the present petitioner in the SAN year 2013, trial is going since year 2015 and petitioner is absent before the trial Digitally signed by RAJESH KUMAR JYOTISHI Date: 2023.02.28 18:49:51 IST Court since year 2019. Although, from perusal of order passed by the Co-
2ordinate Bench of this Court on 14.01.2020 in connected M.Cr.C. No.51164/2018, it was directed that no coercive action be taken against the petitioner, then it was extended, because he was absconded during the trial at the stage of accused statement.
Admittedly, he remained absent before the trial Court on 4-5 occasions and he did not appear before the trial Court on 14.12.2022. On 20.12.2022, the trial Court dismissed his application under Section 70(2) of Cr.P.C. and arrest warrant was issued against him.
Learned Senior Counsel for the petitioner undertakes that the petitioner shall surrender before the trial Court on the date as may be directed by this Court and he shall cooperate the trial and comply with the direction of this Court.
Respondent's counsel has no objection to the same. Heard learned counsel for the parties.
Although the petitioner remained absent before the trial Court for a long time and he is trying to prolong the proceeding deliberately, however considering the fact that petitioner and the respondent are close relatives and several litigations are going on in between them, thus, this petition may be disposed of with the following directions:-
1. If applicant surrenders before the trial Court on 06.03.2023 and furnish a bail bond in a sum of Rs. 50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, he shall be released on bail for securing his presence before the trial Court concerned Signature Not Verified SAN on each date as may be fixed by the trial Court in this regard.Digitally signed by RAJESH KUMAR JYOTISHI
2. Further, an amount of Rs.30,000/- shall be forfeited from the bail Date: 2023.02.28 18:49:51 IST 3 bond furnished by the applicant earlier before the trial Court on the same day i.e. on Monday, i.e. 06.03.2023.
3. The petitioner shall co-operate the trial Court to conclude the proceeding on Monday and other dates, the accused statement must be recorded in the presence of his counsel on Monday, i.e. 06.03.2023. The trial Court is directed to conclude the trial within a month.
The aforesaid conditions has to be strongly complied by petitioner, failing which this Court shall not entertain his bail application again in the present case and trial Court would be at liberty proceed as per law against the petitioner.
Disposed of accordingly.
(SMT. ANJULI PALO) JUDGE rj Signature Not Verified SAN Digitally signed by RAJESH KUMAR JYOTISHI Date: 2023.02.28 18:49:51 IST