NIKKA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C for quashing of order dated 25.09.2007 passed by Additional Chief Judicial Magistrate, Ropar and order dated 18.05.2010 passed by Sessions Judge, Ropar, whereby, Rs.20,000/- was imposed to the petitioner.

(2.) The facts, in short, are that the petitioner stood surety of accused Shindi Lal in case State Vs. Shindi Lal and others, FIR No.146 dated 01.11.2003, Police Station Morinda, District Ropar, which was pending before in the Court of Addl. Chief Judicial Magistrate, Ropar and in the same Court, the petitioner stood surety for the same accused in the same Court in Criminal Complaint titled as "SGKB Vs. Shindi Lal" under Section 138 of the Negotiable Instruments Act. The accused was facing trial and Criminal Complaint since 2003 regularly and on date accused Shindi Lal did not appear in the Court and warrants were issued against the accused. In criminal case in FIR No.146 dated 01.11.2003, the petitioner received the notice to produce the accused and in that case the order was passed by the trial court to deposit Rs.20,000/- as he was surety. The petitioner approached this Court for setting aside the order by filing Crl. Rev. No.411 of 2008, in which, this Court accepted the Revision Petition and the amount was reduced from Rs.20,000/- to Rs.5,000/- which was deposited by the petitioner on 09.04.2008 in the trial Court. It is not disputed that in the State case, the petitioner informed the police about the address of the accused and the petitioner went with police at Khanna from where the accused was arrested and since then the accused is in custody and facing cross case registered against him. Thus, taking into account that the petitioner himself got the accused arrested and the present petitioner stood surety of same accused in the State case pending in the same Court, in which, the penalty amount of Rs.20,000/- imposed on him stand reduced to Rs.5000/- vide Order dated 17.03.2008 passed in Crl. Rev. No.411 of 2008.

(3.) Thus, the accused for whom the petitioner stood surety is arrested at the behest of the petitioner himself. The petitioner cannot get the same accused arrested twice over. Accordingly, the present petition is allowed and the order dated 25.09.2007 passed by Additional Chief Judicial Magistrate, Ropar and order dated 18.05.2010 passed by Sessions Judge, Ropar, is modified to the extent that the penalty amount shall now stand reduced from Rs.20,000/- to Rs.5,000/-.