Amit Jain vs State of Punjab - 2023 Supreme(P&H) 1137

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 1137

NAMIT KUMAR
Amit Jain – Appellant
Versus
State of Punjab – Respondent

Advocates appeared:
Mr. Tuneet Walia, Advocate, for the petitioner.
Mr. Adhiraj Singh, AAG, Punjab.

NAMIT KUMAR, J.

1. This petition has been filed by the petitioner under Section 438 Cr.P.C. seeking anticipatory bail in complaint case No.COMA-9637 of 2018 dated 16.07.2018 under Section 138 of the Negotiable Instruments Act (for short ‘the Act’) registered at Police Station Salem Tabri, Ludhiana, filed by respondent No.2, pending in the Court of learned Judicial Magistrate Ist Class, Ludhiana.

2. Brief facts of the case are that petitioner along with other co-accused is facing trial in a complaint case filed by respondent No.2 under Section 138 of the Act, in which he was granted bail by the trial Court. During the course of trial, petitioner absented himself and nonbailable warrants were issued against him. Thereafter petitioner along with other co-accused approached the Court of learned Additional Sessions Judge, Ludhiana, seeking anticipatory bail. The said application was disposed of by the Court of learned Additional Sessions Judge, Ludhiana, vide order dated 07.12.2022 with liberty to the petitioner to surrender before the trial Court within 15 days and move an application for grant of regular bail and the application, if any, moved by the petitioner was directed to be decide

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