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(2022) Law Today Live Doc. Id. 16721 = 2022(1) L.A.R. 390
Decided on: 06.05.2022
Present:
Mr. Narinder S. Lucky, Advocate, for the petitioner.
Ms. A.K. Khurana, D.A.G., Punjab.
Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Cheque bounce case -- Non-bailable warrants – Bailable case – Need of anticipatory bail – Held, petitioner has been summoned for an offence u/s 138 of the N.I. Act which is a bailable offence -- Hence, there is no occasion for apprehension of arrest and detention in a bailable offence provided the petitioner is ready and willing to comply with the conditions set forth by the concerned Illaqa Magistrate for granting him the concession of bail – Petition withdrawn with liberty to move an application/petition for bail before the concerned Illaqa Magistrate.
(Para 2)
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VINOD S. BHARDWAJ, J. (ORAL) –
1. The petitioner has approached this Court for grant of anticipatory bail in case/complaint No.NACT/1119/2019 dated 17.06.2015 filed before the Illaqa Magistrate, Amritsar under Section 138 of The Negotiable Instruments Act, 1881 (hereinafter referred to as the “N.I. Act”).
2. Learned counsel appearing on behalf of the petitioner contends that non-bailable warrants have been issued against the petitioner on 17.03.2022 for securing his presence. The petitioner is required to appear before the Illaqa Magistrate on 30.05.2022. It is, however, noticed that the petitioner has been summoned for an offence under Section 138 of the N.I. Act which is a bailable offence. Hence, there is no occasion for apprehension of arrest and detention in a bailable offence provided the petitioner is ready and willing to comply with the conditions set forth by the concerned Illaqa Magistrate for granting him the concession of bail, learned counsel for the petitioner seeks permission to withdraw the instant petition with liberty to move an application/petition for bail before the concerned Illaqa Magistrate.
3. Dismissed as withdrawn with liberty, as aforesaid.
Petitioner dismissed.
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