IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 04.02.2026 JASWANT SINGH ...Petitioner Versus STATE OF PUNJAB AND ANR ...Respondents CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA ****

Present: Mr. Mitul Singh Rana, Advocate for the petitioner.

MANISHA BATRA , J. (ORAL)

1. The instant petition has been filed by the petitioner seeking quashing of the order dated 13.05.2025, passed in Criminal Appeal No.48 of 2025, titled “Jaswant Singh vs. Charan Singh”, arising out of the judgment of conviction dated 10.12.2024 passed by the jurisdictional Magistrate in a complaint filed under Section 138 of the Negotiable Instruments Act, whereby the bail of the petitioner was cancelled and bonds were forfeited to the State by the learned Appellate Court.

2. It is argued by learned counsel for the petitioner that the petitioner could not appear before the learned Appellate Court on 13.05.2025 due to some miscommunication between him and his counsel, otherwise, the petitioner had been regularly appearing before the learned Appellate Court on each and every date of hearing. It is further submitted that a compromise has been arrived at between the petitioner and the complainant and the entire cheque amount has also been paid. The petitioner is stated to be ready to abide by the terms and conditions that may be imposed upon him and is willing to join the proceedings before the learned Appellate Court. It is, therefore, urged that the impugned order be set aside.

3. Notice of motion.

4. Mr. Roshandeep Singh, learned A.A.G. Punjab has advance notice of the petition and has submitted that there is no illegality in the impugned order and that the same does not warrant any interference.

5. I have heard rival submissions made by learned counsel for the parties.

6. Learned counsel for the petitioner has been heard and the record has been perused. On perusal of the same, it is revealed that not only the bail of the petitioner was cancelled on 30.05.2025 but proclamation proceedings have also been initiated against him and proclamation has been ordered to be issued for 13.02.2026. The petitioner had been convicted by the Court of the learned Magistrate under Section 138 of the Negotiable Instruments Act. He has failed to furnish any reasonable explanation for his absence on 13.05.2025 till date. On perusal of the zimni orders, this Court does not find any illegality or irregularity in the impugned order passed by the learned Appellate Court. However, keeping in view the fact that the petitioner is ready to join the proceedings before the learned Appellate Court and to abide by the terms and conditions, the present petition is disposed of with a direction that the petitioner shall surrender before the learned Appellate Court on or before the date fixed, i.e. 13.02.2026 and shall furnish fresh personal and surety bonds for ensuring his appearance. On such surrender, the learned Appellate Court shall admit the petitioner to bail. The ₹

petitioner is also burdened with costs of 20,000/-, which shall be paid to respondent No.2-complainant. Payment of costs shall be a condition precedent for his being admitted to bail.

7. Disposed of

8. A copy of this order be sent to the Appellate Court for information and necessary compliance.

(MANISHA BATRA)

JUDGE February 04, 2026

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