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[Cites 4, Cited by 0]

Punjab-Haryana High Court

Nitin Bansal Alias Nitin Kumar vs State Of Haryana And Another on 27 January, 2022

Author: Manoj Bajaj

Bench: Manoj Bajaj

CRM-M-3284-2022                                           1


104 IN THE HIGH COURT OF PUNJAB AND HARYANA
                 AT CHANDIGARH

                                 CRM-M-3284-2022
                                 Date of decision-27.01.2022

Nitin Bansal @ Nitin Kumar                          ....Petitioner

                         Vs.

State of Haryana and another                        ...Respondents

CORAM:- HON'BLE MR. JUSTICE MANOJ BAJAJ

Present:    Mr. Sandeep Gahlawat, Advocate for the petitioner.

                         ***

MANOJ BAJAJ, J.

Petitioner has approached this Court under Section 438 Cr.P.C seeking anticipatory bail in complaint case bearing No.NACT- 937-2018 dated 20.08.2018 filed under Section 138 Negotiable Instruments Act, 1881, titled as "Subhash Chander Vs. Nitin Bansal", whereby regular bail of the petitioner stands cancelled.

During the course of hearing, it is not disputed that the petitioner was well aware of the trial proceedings, who absented on 10.05.2019 and the trial Court cancelled his bail and issued warrant of arrest. Subsequently, petitioner was declared as proclaimed offender on 14.12.2021. The petitioner, who despite knowledge of the proceedings disengaged himself and never appeared before the trial Court w.e.f May, 2019 and no sufficient explanation has been offered.

1 of 2 ::: Downloaded on - 24-04-2022 04:34:20 ::: CRM-M-3284-2022 2 Apart from it, the petition under Section 438 Cr.P.C is not maintainable in view of the decision passed by this Court vide order dated 04.04.2019 in CRM-M-15464-2019 titled as Balwant Singh @ Banta Vs. State of Punjab.

Resultantly, this Court is not inclined to extend the concession of extra ordinary concession of pre-arrest bail to the petitioner.

Dismissed.




27.01.2022                                              (MANOJ BAJAJ)
vanita                                                     JUDGE

         Whether speaking/reasoned :            Yes         No
         Whether Reportable :                   Yes         No




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