Judgment
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.
Cr.Misc.
M38347of 2013 Date of decision: 6.5.2014 Kanwal Mohini .petitioner vs State Bank of Patiala and anr ..respondent Present Mr.SK Bawa, Advocate.
Mr.DK Singal, Advocate.
Mr.CS Brar, DAG, Punjab.
M.M.S.BEDI,J.
The petitioner seeks the concession of pre-arrest bail in proceedings u/s 138 of Negotiable Instruments Act, apprehending arrest on account of non bailable warrants issued against her for non appearance on 11.6.2013 before the trial court.
Counsel for the petitioner submits that compromise had been arrived at between the parties and a sum of Rs.50,000/- had been paid by the petitioner to complainant and the complainant had to withdraw the complaint/ petition .
It is stated that on account of said circumstance, the petitioner did not appear before the trial court.
I have considered the facts and circumstances of the case and I am of the opinion that the petitioner, who is a lady, deserves to be granted the concession of pre-arrest bail subject to compensation, to be paid to the complainant by the petitioner, for delay and harassment.
The petition is allowed and it is ordered that the petitioner will put in appearance before the trial court on the date already fixed along with a bank draft of Rs.5000/- in the name of the complainant.
In case of petitioner complying with the above said order, she will be released on bail on her furnishing bail bonds/ surety bonds to the satisfaction of the trial court.
It will be open to the parties to get the matter amicably resolved in view of the judgment in Damodar S.
Prabhu versus Sayed Baba Lal H2010(2) RCR (Cr.) 851.
The bank draft of Rs.5000/- will be given to complainant.
May 6 ,2014 ( M.M.S.BEDI ) TSM JUDGE Mann Tapindar Singh 2014.05.07 10:20 I attest to the accuracy and integrity of this document High Court Chandigarh Mann Tapindar Singh 2014.05.07 10:20 I attest to the accuracy and integrity of this document High Court Chandigarh