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(2026) Law Today Live Doc. Id. 20752 = 2026:PHHC:000007
Decided on: 01.01.2026
Present:
Mr. Siddharth Sanwaria, Advocate for the petitioner.
Mr. Alankrit Bhardwaj, Addl. P.P. for UT Chandigarh.
Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528, 491 -- Cheque bounce complaint – Jump of bail – Cancellation – Warrant of arrest issued -- As per, the petitioner, he had instructed his counsel to move an application for exemption, but he forgot to move the same – Held, learned trial Court was left with no option but to cancel the bail order, forfeit the bail bonds and issue warrant of arrest against the petitioner -- No illegality -- Petition disposed of with a direction to petitioner to surrender before the learned trial Court and if he surrenders and moves an application for bail, the learned trial Court to dispose of the bail application on the same day -- Learned trial Court in the exercise of its discretion shall be at liberty to impose penalty u/s 491 of BNSS.
(Para 4)
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SURYA PARTAP SINGH, J. (ORAL) –
1. This is a petition, filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, hereinafter referred to as ‘BNSS’, for setting aside of the order dated 11.12.2025, (Annexure P-5), passed by the Court of learned Judicial Magistrate Ist Class, Chandigarh, hereinafter referred to as ‘trial Court’. By virtue of abovesaid order the bail of the petitioner, who is facing a trial under Negotiable Instruments Act, was cancelled. Resultantly, his bail bonds were forfeited, and to procure the presence of petitioner in the Court, his warrant of arrest was issued.
2. Notice of motion.
3. Mr.Alankrit Bhardwaj, Addl. Public Prosecutor for UT Chandigarh appears on behalf of respondents, and waives service.
4. It has been contended by learned counsel for the petitioner that on that day, the petitioner could not appear before the learned trial Court because he was bound to appear in a case in the Court of learned Additional Sessions Judge, Yamuna Nagar. As per learned counsel for the petitioner, the petitioner had instructed his counsel to move an application for exemption, but he forgot to move the same.
5. In view of above, once it is an admitted fact that the petitioner was not present before the learned trial Court in compliance with the conditions imposed in bail order, it is hereby held that the learned trial Court was left with no option but to cancel the bail order, forfeit the bail bonds and issue warrant of arrest against the petitioner. Since apparently, there is no illegality in the abovementioned order, there is no scope of interference in the impugned order.
6. At this stage, learned counsel for the petitioner has sought liberty for the petitioner to surrender before the learned trial Court and move an application for bail.
7. In view of above, the present petition is disposed of with a direction to the petitioner to surrender before the learned trial Court. If he surrenders before the learned trial Court and moves an application for bail, the learned trial Court is directed to dispose of the bail application on the same day. It is however clarified that the learned trial Court in the exercise of its discretion shall be at liberty to impose penalty under Section 491 of BNSS (erstwhile Section 446 of Cr.PC).
Order accordingly.
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