Punjab-Haryana High Court
Naveen Bhatia And Another vs State Of Punjab And Another on 15 November, 2012
Author: Ram Chand Gupta
Bench: Ram Chand Gupta
Crl.M.No.M-24782 of 2011(O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Crl.M.No.M-24782 of 2011(O&M)
Date of Decision: November 15, 2012
Naveen Bhatia and another
.....Petitioners
v.
State of Punjab and another
......Respondents
CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr.Harminderjeet Singh, Advocate
for the petitioners.
Mr.Rajinder Goyal, Additional A.G., Punjab.
None for respondent no.2.
......
RAM CHAND GUPTA, J.(Oral)
The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioners in criminal complaint No.413, dated 4.11.2008, pending in the Court of Judicial Magistrate Ist Class, Ludhiana.
I have heard learned counsel for the parties and have gone through the whole record carefully.
Petitioners are accused in the aforementioned complaint instituted against them by respondent no.2 for offence under Section 138 of the Negotiable Instrument Act. Admittedly the case was taken up by learned trial Court on 25.8.2010 when only counsel for the petitioners appeared, whereas complainant appeared alongwith his counsel and compromise was arrived at between the parties. As per the said compromise a sum of `2,80,000/- was to be paid by petitioners to respondent no.2. Order dated 25.8.2010 passed by learned Judicial Magistrate Ist Class reads as under:-
"File taken up today as 24.8.2010 was declared local holiday.
Mr.Naveen Bhatia, accused has suffered a statement that he has arrived at a compromise with the complainant.Crl.M.No.M-24782 of 2011(O&M) -2-
The matter has been fully and finally compromised at `2,80,000/-. As per the compromise he has already paid `50,000/- to the complainant. He has issued a cheque for `50,000/- dated 10.9.2010 and further five more cheques of `10,000/- each dated 10.10.2010 to 10.2.2011 respectively and he shall pay the last installment of `1,30,000/- by 10.2.2011, for which he shall issue a cheque prior to the last date. Mr.Karamjit Singh, authorized person of the complainant company has also suffered a statement that he has heard the statement of the accused and agreed with the same. Now case is adjourned to 16.9.2010 for making payment."
However, admittedly the petitioners did not make payment of entire amount as per compromise. Hence, proceedings under Section 82 Cr.P.C. were initiated against petitioners and they were declared proclaimed offenders by learned trial Court.
It has been stated by learned counsel for the petitioners that petitioners have since paid the entire amount to respondent no.2- complainant. However, had this been the fact, the complaint would have been withdrawn by respondent no.2. However, admittedly the complaint has not been withdrawn. The same is still pending before learned Magistrate and petitioners are yet to appear before learned Magistrate.
Hence, in view of these facts, when petitioners are absconding from learned trial Court and have already been declared proclaimed offenders, they are having no right to seek indulgence of this Court for obtaining anticipatory bail.
Without expressing any opinion on the merits of the case, the present petition filed by petitioners-Naveen Bhatia and Sarita Bhatia for grant of anticipatory bail is, hereby, dismissed being devoid of any merit.
15.11.2012 (Ram Chand Gupta) meenu Judge