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2022 Supreme(P&H) 1257

VIKAS BAHL
Harjit Singh – Appellant
Versus
Hdfc Bank Limited – Respondent


Advocates:
Mr. Kushager Goyal, Advocate, for the Appellant; Mr. Saurabh Bhardwaj, Advocate, Mr. Praveen Bhadu, AAG, Haryana, for the Respondent.

JUDGMENT

Vikas Bahl, J. (Oral). - This is a petition filed under Section 482 of Cr.P.C. for setting aside the impugned order dated 02.12.2021 to the extent that penalty amounting to Rs.50,000/- has been imposed by the Sessions Judge, Sirsa, while granting anticipatory bail to the petitioner in the proceedings initiated by respondent No.1 under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as "the Act of 1881") in a Criminal Complaint dated 26.02.2016.

2. Learned counsel for the petitioner has submitted that in the present case, the proceedings under Section 138 of the Act of 1881 had been adjourned on account of COVID pandemic and has referred to the zimni orders from 06.02.2021 to 23.09.2021. It is further submitted that from the zimni order dated 06.02.2021, it is apparent that the statement of the petitioner under Section 313 of Cr.P.C. was to be recorded and notice was issued for 18.08.2021 and thereafter, the fresh notices were issued on 18.02.2021 as well as on 25.03.2021 and thereafter, on 03.05.2021, the case was adjourned on account of COVID pandemic and it is only on 23.09.2021 that report had come that the petitioner had been served and hi

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