SOMESH VERMA @ SOMESH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Sec. 528 of BNSS of 2023 seeking setting-aside setting aside of the order dtd. 18/2/2025 (Annexur (Annexure P--10) passed by learned Judicial Magistrate Ist Class, Ludhiana vide which the bail granted to the petitioner has been cancelled resulting in the forfeiture of his bail bonds and surety bonds to the State and petitioner was ordered to be summoned through non-bailable bailable warrants of arrest in complaint titled as "Kotak Kotak Mahinder Bank Limited vs. One Source Logistics Private Limited an another" bearing COMA-837 of 2020.

(2.) Learned counsel for the petitioner has iterated that the respondent respondent-Bank had instituted five complaints under Sec. 138 of the Negotiable Instrument Act against the petitioner and his company namely M/s One Source Logistics Private Limited. The subject matter of the instant petition is the complaint No.837 of 2020 titled as "Kotak Mahinder Bank Limited vs. One Source Logistics Private Limited an and another" wherein the petitioner had caused appearance on 23/12/2024 and was ordered to be released on bail on furnishing the bail bonds and surety bonds. Learned counsel has further iterated that, since then, the petitioner was regularly appearing before the Court below and was diligently attending all the hearings. Learned counsel has submitted that on 18/2/2025,, when the matter was listed before the Court below, the District Bar Association, Ludhiana, observed a "No work day" as a mark of respect following the demise of a Senior Advocate and as a result thereof, both the advocates and the clients were restricted from attending the Court proceedings. Learned counsel sel has submitted that despite the absence of the petitioner being unintentional and owing solely to the circumstances beyond his control 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. 18/2/2025. Learned counsel has urged that the non 18/2/2025. non-appearance appearance of the petitioner before the Court below was neither deliberate nor intentional but b purely on account of resolution passed by the District Bar Association, Ludhiana for observing "No work day". Learned counsel asserts that the petitioner has no intention to evade the proceedings and undertakes to be present before the Court below on all all future dates of hearing without fail. According to learned counsel, the issuance of non non-bailable bailable warrants was harsh, disproportionate and contrary to the principles governing judicial discretion, particularly when the petitioner's absence was purely in inadvertent.

(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. 8 of the Negotiable Instruments Act, 1881, this Court does not deem it appropriate to call upon the respondents at this stage.