JAGDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition seeking direction to official respondents No.l to 3 has been filed in the backdrop of the fact that respondent No.4 has been convicted for the commission of offence punishable under Sec. 138 of the Negotiable Instruments Act and that he had preferred an appeal before the learned Additional Sessions Judge, Sangrur, hereinafter referred to as 'Appellate Court', against the judgment of conviction and order of sentence dtd. 22/11/2018, passed by the learned Judicial Magistrate First Class, Malerkotla. As per petitioner, the abovesaid appeal did not find favour of the learned Appellate Court, and the appeal preferred by respondent No.4 has been dismissed, by virtue of judgment dtd. 15/5/2019. As per petitioner, despite dismissal of appeal, the respondent No.2 is still at large.

(2.) The copy of abovementioned judgment is available on record, as Annexure P-2. Last paragraph of abovementioned judgment shows that the learned Appellate Court while dismissing the appeal issued a direction to the Chief Judicial Magistrate, Sangrur to issue warrants of arrest of the respondent No.2. In the abovementioned fact-situation, the proper remedy available to the petitioner is to approach the Court of learned Chief Judicial Magistrate, Sangrur for implement of order of learned Additional Sessions Judge, Sangrur.

(3.) In view of above, this petition in the present form is not sustainable before this Court. Hence, the same is hereby dismissed. However, the copy of this order be forwarded to the learned Sessions Judge, Sangrur with a direction to look into the matter as to whether in compliance of order dtd. 15/5/2019, any proceeding has been initiated by the learned Chief Judicial Magistrate, Sangrur or not and if it has not been done so far, it should be initiated immediately.