LAWS(P&H)-2010-11-688

SACHIN JAIN Vs. SATISH KUMAR

Decided On November 16, 2010
Sachin Jain Appellant
V/S
SATISH KUMAR Respondents

JUDGEMENT

(1.) Application is allowed as prayed for.

(2.) The present petition under Section 438 Code of Criminal Procedure for grant of anticipatory bail has been filed on behalf of Sachin Jain in criminal complaint No. 5683-T of 25.8.2008 registered under Section 138 of the Negotiable Instruments Act, 1882 pending before the learned JMIC, Patiala.

(3.) Learned Counsel for the Petitioner contends that Petitioner was attending the Court proceedings regularly and only on 18.3.2010, as he has wrongly noted down the date, could not appear before the trial Court and non-bailable warrants were issued. Learned Counsel for the Petitioner further submits that P.O. proceedings are still pending against the Petitioner and he has not been declared P.O. as yet. Non-appearance of the Petitioner on 18.3.2010 was not intentional but bonafide due to wrong noting down of the date. Learned Counsel also submits that Petitioner is ready to appear before the trial Court and undertakes not to remain absent in future and moreover no recovery is to be effected from him.