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(2026) Law Today Live Doc. Id. 20779 = 2026:PHHC:010129
Decided on: 23.01.2026
Present:
Ms. Urvashi Singh, Advocate for the petitioner.
Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 482 -- Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Cheque bounce complaint – Non-bailable warrants – Anticipatory bail – Maintainability of -- Since the petitioner has been summoned in a bailable offence, therefore, the provisions of Section 482 of BNSS are not attracted -- Petition disposed of -- Petitioner on his surrender before the learned trial Court will be admitted to bail subject to the conditions being imposed upon him by the learned trial Court.
(Para 3)
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MANISHA BATRA, J. (ORAL) –
1. The instant petition has been filed by the petitioner seeking anticipatory bail in Criminal Complaint No. NACT/1143/2023, titled as “H.D. Traders versus Masoor Ahmad and Sons etc.”, wherein he has been summoned as an accused to face trial for the commission of an offence punishable under Section 138 of the Negotiable Instruments Act and warrants of arrest have been issued against him.
2. It is argued by learned counsel for the petitioner that on receipt of summons in the abovementioned complaint, the petitioner had engaged a counsel to represent him as he was suffering from slip disc and was unable to appear in person. However, due to non-appearance, non-bailable warrants have been issued against him. It is, therefore, urged that the present petition deserves to be allowed.
3. On perusal of record, it is revealed that process had been issued against the petitioner to face trial for commission of offence punishable under Section 138 of Negotiable Instruments Act. Bailable warrants and then non-bailable warrants have been issued against him. Since the petitioner has been summoned in a bailable offence, therefore, the provisions of Section 482 of BNSS are obviously not attracted in this case. The petition is accordingly disposed of. The petitioner on his surrender before the learned trial Court will obviously be admitted to bail subject to the conditions being imposed upon him by the learned trial Court.
Order accordingly.
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