SANJAY LAMBA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner seeks grant of anticipatory bail in respect of complaint case No. 879 of 2017 titled as M/s S.P. Enterprises Vs. Sainov Spirits instituted against him for offence under Section 138 of the Negotiable Instruments Act.

(2.) A few facts necessary for disposal of this petition are that pursuant to summoning of the accused the petitioner had been released on bail. However, on account of his absence before the trial Court on 9.12.2019, his bail was cancelled (Annexure P-2). Subsequently, the petitioner moved an application for grant of anticipatory bail, which was accepted by learned Additional Sessions Judge, Ambala vide order dated 20.12.2019 (Annexure P-3) and the petitioner was directed to surrender before the trial Magistrate by 21st December, 2019 and it was directed that he would be admitted to bail by the learned Magistrate. However, despite the said order, the petitioner 1 of 3 2 CRM-M-7599-2020 (O&M) did not appear. Fresh warrants of arrest were issued for securing his presence.

(3.) The petitioner moved another application seeking grant of anticipatory bail which was accepted on 16.1.2020 and the petitioner was directed to surrender before the trial Court on 17.1.2020 and a direction was issued that he would be admitted to bail (Annexure P-5). It appears that the petitioner despite the aforesaid order again chose not to appear on 17.1.2020. Consequently, the trial Magistrate vide order dated 22.1.2020 (Annexure P- 6) [date incorrectly written as 22.1.2019] ordered for initiating of proceedings under Section 82 Cr.P.C. against the petitioner. Thereafter, the petitioner again moved the third petition under Section 438 Cr.P.C. seeking grant of anticipatory bail, which has been declined vide order dated 31.1.2020.