NAVEEN BABBAR Vs. NARESH KUMAR & ANOTHER

JUDGEMENT

(1.) (Oral) - This is a petition under Sec. 438 Crimial P.C. preferred by Naveen Babbar in complaint case captioned as Naresh Kumar Vs. Naveen Babbar under Sec. 138 of Negotiable Instruments Act, 1881.

(2.) Undisputably, petitioner suffered a statement before Trial Court on Nov. 11, 2014 to the effect that he will make the payment of cheque amount to complainant in instalments upto Jan. 10, 2015 and shall pay first instalment on Dec. 10, 2014. Another instalment was to be paid on or before Jan. 10, 2015. But, he did not appear before the Trial Court on Dec. 10, 2014, as a result of which, his bail bonds were cancelled and he was ordered to be summoned through non-bailable warrants.

(3.) In fact, certificate (Annexure P-2) transpires that petitioner was taken into custody on Nov. 25, 2014 in case FIR No.181 dated Sept. 21, 2014 under Sections 452, 354-A, 354-D IPC, Police Station, Rupnagar, due to which he could not appear before the Trial Court on December 10, 2014.