Punjab-Haryana High Court
M/S Original Basmati Company And ... vs Bhagwati Lacto Veretarian Exports Pvt ... on 10 December, 2024
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
126-2 2024-PHHE-164873 8 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-61338-2024 DECIDED ON: 10.12.2024 M/S ORIGINAL BASMATI COMPANY AND ANOTHER sees PETITIONERS VERSUS BHAGWATI LACTO VERETARIAN EXPORTS PVT LTD ences RESPONDENT CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Vivek Salathia, Advocate for the petitioners. SANDEEP MOUDGIL, J (ORAL)
The jurisdiction of this Court has been invoked under Section 528 of BNSS, 2023 seeking quashing of order dated 13.11.2024 (Annexure P-5) passed in Criminal Complaint bearing CIS No.NACT/732/2023 dated 26.05.2023/01.06.2023 titled as "Bhagwati Lacto Veretarian Exports Pvt. Ltd. versus M/s Original Basmati Company and another", under Section 138 of NI Act vide which the application filed by the petitioner for adjournment of the case on medical grounds has been wrongly and erroneously dismissed by the JMIC, Ferozepur.
Learned counsel for the petitioners contends that the petitioner No.2 could not appear before the trial Court on 13.11.2024 due to bad health and has moved application for exemption from his personal appearance, which was wrongly declined by the trial Court on that very date observing that petitioner No.2 has not furnished bail bonds and non-bailable warrants were issued against him for 23.01.2025. He submits that his absence on 13.11.2024 was neither intentional nor deliberate but on account of his bad health.
He undertakes that petitioner No.2 will surrender before the trial Court and shall join the trial proceedings within a period of two weeks without any delay or default in future.
POONAM NEGI 2024.12.11 10:42 I attest to the accuracy and integrity of this document CRM-M-61338-2024 -2-In view of the undertaking given by learned counsel for the petitioners, petitioner No.2 is directed to surrender before the trial Court within a period of two weeks from today and apply for regular bail.
In case, such an application for bail is moved by the petitioners before the learned trial Court, the same shall be considered on the same date and decided in accordance with law.
However, it is made clear that in case the petitioners do not abide by the aforesaid undertaking, the respondent/State shall be at liberty to move an appropriate application for revival of the instant petition.
There is no denial to the fact that due to petitioner's act, delay has occurred in trial proceedings and has caused prejudice to the other side and to compensate the delay which is caused by the petitioners alone, the petitioner No.2 is directed to deposit costs of Rs.15,000/- with Chandi Kusht Ashram Society, (Account No.1445265900) (IFSC Code KKBK0004211), Kotak Mahindra Bank, Sector 46-C Chandigarh and a receipt of the same be produced before the Trial Court and only in that eventuality, application of the petitioners for seeking bail be considered.
The instant petition is disposed of in the aforesaid terms.
(SANDEEP MOUDGIL) 10.12.2024 JUDGE Poonam Negi Whether speaking/reasoned Yes/No Whether reportable Yes/No POONAM NEGI 2024.12.11 10:42 I attest to the accuracy and integrity of this document