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NAMIT KUMAR
Parbodh Chander Yadav – Appellant
Versus
State of Haryana – Respondent
NAMIT KUMAR, J.
1. The case was called twice, however, none has put in appearance on behalf of the petitioner.
2. This petition has been filed by the petitioner under Section 438 Cr.P.C. seeking anticipatory bail in Criminal Appeal No.9535 of 2019 and Complaint No.6859 of 2017 by impugning order dated 06.10.2021 (Annexure P-1) passed by the Court of learned Additional Sessions Judge, Gurugram, whereby fresh non-bailable warrants have been ordered to be issued against the petitioner and notice to his surety and identifier have also been ordered to be issued.
3. The facts as pleaded in the present petition are that respondent No.2-complainant filed criminal complaint against the petitioner under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the NI Act’), wherein the trial Court vide judgment of conviction and order of sentence dated 13.11.2019 convicted and sentenced the petitioner to undergo simple imprisonment for one year and to pay compensation of Rs.17,00,000/- (Rs.15,00,000/- + Rs.2,00,000/-) to be paid to the complainant, under Section 138 of the NI Act. Aggrieved against the judgment of conviction and order of sentence dated 13.11.2019 of the t
The mandatory nature of complying with conditions set by the appellate court for bail and the limitations on the scope of anticipatory bail applications.
Non-compliance with the condition of bail, as per Section 148 of the Negotiable Instruments Act, can justify the cancellation of bail.
Repeated negligence and non-compliance with court orders may lead to the dismissal of a petition for anticipatory bail. The legal principle established in the judgment of Manish Jain v. Haryana State....
Petitioners cannot be compelled to deposit 20% of compensation for bail under Section 138 NI Act, as this condition infringes on their right to appeal and to liberty.
The legal point established is that non-compliance with the condition of suspension of sentence, such as the deposit of compensation amount, can lead to the cancellation of bail or suspension of sent....
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