PANKAJ Vs. GILSON TOOLS CORPORATION

JUDGEMENT

(1.) THE present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in complaint case No.RBT 196/2/07 dated 22.3.2004 under Section 138 of Negotiable Instruments Act, titled as M/s Gilson Tools Corporation Versus M/s Priya Industries. I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Jalandhar dismissing anticipatory bail application filed on behalf of the petitioner.

(2.) CO-ordinate Bench of this COurt while issuing notice of motion on 12.01.2012 passed the following order:- CRM No.M-1167 of 2012 2 "The present petition has been filed under Section 438 Cr.P.C. seeking pre-arrest bail to the petitioner as he apprehends his arrest in pursuance of non-bailable warrants of arrest issued by the COurt of Judicial Magistrate Ist Class, Jalandhar. The petitioner was declared as a Proclaimed Offender in a private complainant, filed by the complainant, under Section 138 of the Negotiable Instruments Act, 1881. Learned counsel contends that the offence is bailable and the petitioner is ready and willing to appear before the trial COurt. He further submits that for the delay caused due to the petitioner having left abroad, he is ready and willing to compensate the complainant in monetary terms.

(3.) IN case petitioner appears before the trial Court on or before 25.1.2012, he shall be released on interim bail, subject to payment of ` 20,000 as costs which shall be disbursed to the complainant."