JASKARAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed under Sec. 528 of BNSS seeking quashing of the order dtd. 11/10/2024 (Annexure P-6) passed by learned Judicial Magistrate Ist Class, Gurugram vide which the bail granted to the petitioner stands cancelled and the petitioner was ordered to be summoned through warrants of arrest in a complaint case titled as "Sushil Handa vs. Safe Store Mart Pvt Ltd" bearing CIS No:NACT/34878/2022.

(2.) Learned counsel for the petitioner has iterated that a false case under Sec. 138 of the Negotiable Instruments Act has been filed against the petitioner in which he is likely to be acquitted. According to learned counsel, the petitioner was granted bail by the Court below in the said case vide order dtd. 18/7/2023 (Annexure P-2) and was diligently attending all the hearings before the Court below. Learned counsel has further iterated that the petitioner has been suffering from abnormal mild diffuse encephalopathy since the year 2021 i.e. a condition affecting the cognitive and physical abilities of the petitioner which is supported by the medical Learned counsel has further submitted that due to the medical condition of the petitioner, he was unable to appear before the Court below on 11/10/2024 and could not even inform his counsel, which led to the cancellation of his bail and issuance of warrants of arrest vide the impugned order. Furthermore, the proceedings under Ss. 82/83 Cr.P.C. have also been initiated against the petitioner (Copy whereof of has been annexed as Annexure P-7). Learned counsel has submitted that despite the absence of the petitioner being unintentional and owing solely to the circumstances beyond his control, the learned Court below, without considering the inadvertence, erroneously cancelled the bail bonds and surety bonds of the petitioner. Consequently, warrants of arrest were issued against the petitioner vide impugned order i.e. 11/10/2024. Learned counsel has urged that the non-appearance of the petitioner before the Court below was neither deliberate nor intentional but purely on account of his health condition.

(3.) Keeping in view the nature of the matter especially the factum of the case in hand arising out of the criminal complaint filed under Sec. 138 of the Negotiable Instruments Act, 1881, this Court does not deem it appropriate to call upon the respondents at this stage.