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PUNJAB AND HARYANA HIGH COURT
Rakesh Kumar Jain, J.
Nitin Aggrawal —Petitioner
versus
State of Haryana and
Another —Respondents
CRM-M-38862 of 2011 (O&M)
Decided on 22.12.2011

Advocates:
Counsel for the Parties:
For the Petitioner:Mr. Arun Chandra, Advocate

IMPORTANT POINT
Anticipatory bail application must be decided on same day.

Headnote:Negotiable Instruments Act, 1881—Section 138—Criminal Procedure Code, 1973—Section 438—Dishonour of cheque—Anticipatory bail—Application for seeking exemption from appearance was declined and non-bailable warrants have been issued— Application disposed of with direction to trial Court that if petitioner appears before it and moves application for bail same shall be decided on same day. (Paras 1 to 4)

       Result: Petition disposed of with directions.

       

JUDGMENT (ORAL)

Rakesh Kumar Jain, J.—This is a petition for per arrest bail in a complaint case No. 356 dated 1.2.2008 filed under Section 138 of the Negotiable Instrument Act, 1881, titled as M/s. Des Raj Mukand Lal, Kurukshetra v. Nitin Agarwala and others, which is pending in the Court of Sh. Dharam Pal, Chief Judicial Magistrate, Kuru-kshetra.

2. Learned counsel for the petitioner submits that he was on bail but he moved an application for seeking exemption from appearance which was declined and non-bailable warrants have been issued against him. He had applied for anticipatory bail before the learned Session Judge, Kurukshetra, which has been dismissed.

3. Learned counsel for the petitioner submits that though there was a compromise between the parties and he had made the payment ‘2,00,000/- in terms of it but due to financial crises, he could not pay the remaining amount but ’50,000/- is now ready with him.

4. Learned counsel for the petitioner has submitted that he would appear before the trial Court and move an application for bail but the trial court may be directed to decide it on the same date.

5. After hearing the learned counsel for the petitioner, this application is disposed of with a direction to the learned trial Court that if the petitioner appears before it and moves and application for bail, the same shall be decided on the same day in accordance with law.

Petition disposed of with directions.

*******


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Judicial Analysis

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