Bhupinder Singh Chawla vs Smt. Rajwinder Kaur

Kanwaljit Singh Ahluwalia, J.—Petitioner is facing trial in a complaint u/s 138 of Negotiable Instruments Act. The complaint has been annexed as Annexure P-6. Petitioner has been summoned as accused vide summoning order dated 16th July, 2005. Petitioner was declared as proclaimed offender on 12th June, 2008.

Counsel for the petitioner has drawn my attention to Section 177(a) of the Indian Penal Code, to say that if a person is declared as proclaimed offender, it is an offence in itself and it cannot be construed to deny benefit to the petitioner in the present case, especially when he is ready and willing to deposit the entire amount of cheque, along with interest and cost. It is stated that in the present case, amount of cheque is Rs. 29,494/-.

In case petitioner deposits Rs. 35,000/- in the trial Court, the trial Court shall refer the matter, for settling the dispute through alternative dispute redressal mechanism, to Arbitration and Conciliation Centre at Amritsar or to Permanent Lok Adalat at Amritsar. The trial Court may make its own endeavour for settling the dispute. This order is passed taking into consideration the fact that offence u/s 138 of Negotiable Instruments Act is bailable. Petitioner is to be tried by following summary procedure. Proceedings, being quasi-civil, it is in the interest of the complainant that petitioner causes appearance before the trial Court. In case, petitioner appears before the trial Court on or before 30th April, 2009 and deposits the amount of Rs. 35,000/-, he shall be released on bail against heavy surety.

With these observations, present petition is disposed off.