LAWS(P&H)-2014-7-1026

BOHAR SINGH Vs. STATE OF PUNJAB AND ANOTHER

Decided On July 21, 2014
BOHAR SINGH Appellant
V/S
State of Punjab and Another Respondents

JUDGEMENT

(1.) This order shall dispose of the present petition filed under Section 438 of the Code of Criminal Procedure praying for the concession of anticipatory bail to the petitioner in case No.03 dated 6.1.2012, under Section 138 of the Negotiable Instruments Act (for short 'the Act'), titled as "Gurcharan Singh v. Bohar Singh".

(2.) Learned counsel for the parties have been heard.

(3.) A perusal of the order dated 6.2.2014 passed by the Sessions Judge, Faridkot, Annexure P2, in terms of which the anticipatory bail application had been declined, would reveal that respondent, complainant herein, Gurcharan Singh had filed a complaint against the petitioner, namely, Bohar Singh under Section 138 of the Act for dis-honour of a cheque dated 30.5.2011 for an amount of Rs. 2 lacs. Vide order dated 19.3.2012 passed by the Judicial Magistrate Ist Class, Faridkot, petitioner Bohar Singh had been summoned to face trial for commission of offence punishable under Section 138 of the Act. Petitioner Bohar Singh having evaded the process of trial, proclamation was issued and thereafter he was declared Proclaimed Offender on 8.7.2013.