Failure to comply with court orders regarding cheque dishonour justifies proclamation proceedings and cancellation of bail.

JUDGMENT

Mr. Deepak Gupta, J.

By way of this petition filed under Section 482 CrPC, petitioner prays for quashing/setting aside order dated 05.09.2023 passed by ld. JMIC, Rajpura, vide which proclamation proceedings have been initiated against the petitioner in criminal complaint bearing No.COMA- 546-2017 titled 'Shiv Om Industry v. M/s Classical Lighting Industry'.

2. Counsel for the petitioner has been heard at length and the paper-book has been perused.

3. It is revealed that criminal complaint in question i.e., COMA- 546-2017 (Annexure P1) was filed by respondent No.2-Shiv Om Industry to prosecute the accused M/s Classical Lighting Industry through its proprietor Sudhir Kumar (petitioner herein) under Section 138 of the Negotiable Instruments Act, 1881 [for short 'the NI Act']. Petitioner was on bail in that case. Total five complaints had been filed by the complainant regarding dishonour of the cheque. Petitioner had filed a quashing petition bearing CRM-M-8777-2022 against the complainant-respondent. The said CRM-M- 8777-2022 was dismissed by Coordinate Bench of this Court on 04.09.2023. Said order reads as under: -

"As per the Office report, service is complete.

Today, there is no representation on behalf of the petitioner.

I have gone through the contents of the petition along with the documents annexed with it.

Prayer in this petition is for quashing of complaint bearing No.COMA- 546-2017 dated 27.07.2017 filed under Section 138 of the Negotiable Instruments Act, 1881, read with Section 420 IPC titled as Shiv Om Industries v. M/s Classical Lighting Industry, pending before the Court of learned Judicial Magistrate, 1st Class, Rajpura, along with all the subsequent proceedings arising therefrom.

On 11.03.2022, on an undertaking given by the learned counsel for the petitioner that the petitioner would deposit a sum of Rs. 2,15,000/-, the proceedings before the trial Court were stayed by the Coordinate Bench of this Court. The order dated 11.03.2022 passed by a Coordinate Bench of this Court, would read as under:-

'This case has been taken up through Video Conferencing via Webex facility in the light of Pandemic Covid-19 situation and as per instructions.

Learned counsel for the petitioner submits that all these petitions arise out of dispute relating to cheque dishonour and the total amount of all the cheque collectively comes to Rs. 2.15 lakhs (approximately).

Learned counsel submits that the petitioner is ready and willing to repay the entire amount. He submits that in order to show his bona fides, he shall submit an amount of Rs. 1.15 lakhs with the Registry of this Court within a period of two weeks from today and to pay the balance amount within a period of 01 month thereafter.

Notice of motion.

Proceedings qua the petitioner before the trial Court shall remain stayed till the next date of hearing, subject to the petitioner depositing the amount with the Registry of this Court as per the statement made by learned counsel for the petitioner.

To come up for further consideration on 04.05.2022.

Photocopy of this order be placed on the file of connected cases'.

However, till date, the said order has not been complied with, inasmuch as, the cheque amount was not deposited, as would decipher from the report of the Registry.

Thereafter, vide order dated 04.05.2022 passed by the Coordinate Bench of this Court, another opportunity was granted to the petitioner to deposit the said amount, subject to payment of costs of Rs. 3,000/- with the District Legal Aid Service Authority, SAS Nagar, Mohali and the following order was passed:-

"A perusal of the office report would show that notice to respondents could not be issued for want of process fee.

Learned counsel appearing on behalf of the petitioner undertakes to file the process fee within a period of three days from today. Let fresh notice to respondents be issued upon filing of process fee.

It is further noticed that the necessary deposit in terms of the order dated 11.03.2022 passed by this