RAMESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this appeal is for setting aside the impugned order dtd. 3/2/2022 passed by the Additional Sessions Judge, Hisar, whereby the appellant is directed to pay penalty of Rs.1,00,000.00 under Sec. 446 Cr.P.C., which is the total amount of surety bonds furnished by the appellant for accused-Devender Singh, in the proceedings under Sec. 138 of the Negotiable Instruments Act.

(2.) Learned ounsel for the appellant submits that four complaints were filed by HAFED against Devender Singh, brother of the appellant, who is proprietor of M/s Saharan Fertilizers and Commission Agent. All the four complaints under Sec. 138 of the Negotiable Instruments Act were tried together and Devender Singh was convicted and sentenced to undergo imprisonment for a period of 01 year, vide judgment of conviction dtd. 22/11/2018 and order of sentence dtd. 28/11/2018 passed by the trial Court. Thereafter, Devender Singh filed an appeal, i.e. CRA-S-700-2018 and vide order dtd. 21/12/2018 passed by the lower appellate Court, his sentence was suspended on furnishing bail bonds in a sum of Rs.1.00 lac with one surety of the like amount. The appellant, being the brother of Devender Singh, furnished the surety bonds. Later on, Devender Singh absented himself on 17/10/2019 and his bail/surety bonds were cancelled and forfeited. Devender Singh challenged the said order by filing a petition i.e. CRM-M-7365-2020 before this Court, in which, initially it was directed not to take any coercive steps as per order dtd. 26/2/2020 and later on, disposed of the same, directing the lower Appellate Court to decide the appeal at the earliest. Later on, when notice was issued to Devender Singh, he did not appear and arrest warrants were issued through police and Devender Singh was produced before the lower appellate Court on 25/2/2022.

(3.) Learned counsel for the appellant further submits that in the meantime, proceedings were initiated under Sec. 446 Cr.P.C. against the appellant and a show cause notice was issued, vide which penalty of Rs.1,00,000.00 each in the four cases, be not imposed upon the appellant. Thereafter, vide order dtd. 3/2/2022, the lower appellate Court directed him to deposit Rs.1,00,000.00 each in all the four cases and has also issued recovery warrants under Sec. 421 Cr.P.C.