Judgment:
CRM-M-44212-2013 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
(1) Crl.
Misc.
No.M-44212 of 2013 (O&M) Date of Decision: June 30, 2014.
Bhupender Singh Sawhney ......PETITIONER(s).VERSUS M/s R.C.Velvet ....RESPONDENT(s).(2) Crl.
Misc.
No.M-44213 of 2013 (O&M) Bhupender Singh Sawhney ......PETITIONER(s).VERSUS M/s R.C.Velvet ....RESPONDENT(s).(3) Crl.
Misc.
No.M-44214 of 2013 (O&M) Bhupender Singh Sawhney ......PETITIONER(s).VERSUS M/s R.C.Velvet ....RESPONDENT(s).(4) Crl.
Misc.
No.M-44215 of 2013 (O&M) Bhupender Singh Sawhney ......PETITIONER(s).VERSUS M/s R.C.Velvet ....RESPONDENT(s).CORAM:- HON'BLE Mr.JUSTICE SURINDER GUPTA Mehta Sachin 2014.07.03 15:07 I attest to the accuracy and integrity of this document CHANDIGARH CRM-M-44212-2013 -2- Present: Mr.L.M.Grover, Advocate with Mr.Krishan Sehajpal, Advocate for the petitioner (s).Mr.Sandeep Moudgil, Advocate for the respondent.
******* SURINDER GUPTA, J.(Oral) CRM No.8940 of 2014 Application is for placing on record Annexure R-1/1 to Annexure R-1/5 on behalf of respondent.
The same are taken on record subject to all just exceptions.
Criminal misc.
application stands disposed of.
CRM-18837 of 2014 Application is allowed subject to all just exceptions.
CRM-18836 of 2014 Application is for placing on record medical record of petitioner (Annexure P-12 Colly).The same is taken on record subject to all just exceptions.
Criminal misc.
application stands disposed of.
Main Petitions Heard.
In these cases, a common order was passed on 30th December, 2013 in all the above referred cases which is reproduced as follows:- “Heard.
Petitioner is directed to appear before the Trial Court on the date already fixed i.e.27.01.2014.
Notice of motion for 07.02.2014.
Mehta Sachin 2014.07.03 15:07 I attest to the accuracy and integrity of this document CHANDIGARH CRM-M-44212-2013 -3- Operation of the order dated 16.12.2013 at Annexure P-6 shall remain stayed till the next date of hearing.
It is made clear that in the eventuality of the petitioner not appearing before the Trial Court on 27.01.2014, the present petition shall be deemed to be dismissed.
Order dasti.
A copy of this order be placed on each connected file of this case.”
.
It is admitted that in compliance with this order, petitioner has not put in appearance before the trial Court till date.
The petitioner has sought quashing of the order dated 07.11.2013 and 12.11.2013 whereby non-bailable warrants were issued against the petitioner for non-appearance in the complaint case under Section 138 of Negotiable Instruments Act, 1881.
It appears that petitioner is misusing the process of the Court by not complying with the order and just avoiding his appearance before the trial Court.
This practice of petitioner cannot be permitted.
The offence under Section 138 of Negotiable Instruments Act, 1881 is, otherwise, bailable offence and issuance of warrants of arrest is to procure the presence of petitioner.
These petitions have no merits.
Dismissed.
( SURINDER GUPTA ) June 30, 2014.
JUDGE Sachin M.
Mehta Sachin 2014.07.03 15:07 I attest to the accuracy and integrity of this document CHANDIGARH