VARINDER KAUR Vs. HARVINDER SINGH

JUDGEMENT

(1.) This petition has been filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in complaint case No. 1455 dated 9.1.2009 titled as Harvinder Singh vs. Varinder Kaur under Section 138 of the Negotiable Instruments Act, 1881 pending in the Court of Special Judicial Magistrate, Kapurthala.

(2.) After hearing learned counsel for the petitioner, I am of the opinion that the present petition deserves to be dismissed.

(3.) The petitioner had absented before the trial Court on 8.4.2010. Thereafter, the petitioner moved an application seeking anticipatory bail, which was disposed of by Additional Sessions Judge, Kapurthala vide order dated 7.5.2010 (Annexure P-3). A perusal of the said order reveals that the petitioner was directed to surrender before the trial Court on or before 13.5.2010 and on her surrender, the trial Court was directed to release the petitioner on bail. However, the petitioner failed to surrender before the trial Court in terms of the said order. In these circumstances, since the petitioner had failed to comply with the order dated 7.5.2010 (Anenxure P-3) passed by the Additional Sessions Judge, no ground for grant of anticipatory bail to the petitioner is made out.