BHUPINDER SINGH CHHABRA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) On being asked, Ms. Bhavna Gupta, Deputy Advocate General, Punjab, has received notice and has assisted the Court effectively.

(2.) Present petition is moved seeking regular bail in complaint No.506/2 dated 12.10.2010 under Section 138 of the Negotiable Instruments Act.

(3.) Brief facts of the present case are that petitioner/accused having received summons from the Court has been appearing before the learned Magistrate in the complaint. In fact, two complaints were filed against the petitioner under Section 138 of the Negotiable Instruments Act by the same complainant for two different cheques and in both the cases petitioner was on bail and has been appearing. As per the petitioner, Clerk of his earlier counsel, Sh. Kulwant Singh Arora, had informed the petitioner that complaint had been dismissed in default due to the non-appearance of the complainant, hence petitioner stood discharged, therefore, he need not to appear; clerk of earlier counsel was also paid expenses by the petitioner for getting the certified copy of the order; in fact, complaint was not dismissed, however, petitioner could not attend the Court due to the wrong information supplied by the Clerk of the counsel; petitioner was declared proclaimed offender vide Court's order dated 14.5.2010. Petitioner is in judicial custody w.e.f. 23.10.2010 and his bail application was dismissed by the learned Magistrate on the ground that earlier petitioner was declared proclaimed offender, hence there is no justification to enlarge him on bail.