The District Court of Chandigarh granted interim bail and stayed the arrest of Ravinder Pathania, BJP District President (District II) Chandigarh, who has been declared a Proclaimed Offender in a cheque bounce case of Rs 5,500.
The Court of Judicial Magistrate First Class (JMIC) Punita Bashamboo, declared Pathania, Proclaimed Offender, after he did not appear in the court in the case filed by Purab Singh under the Negotiable Instruments Act.
The complainant had accused that Ravinder Pathania had taken a friendly loan of Rs 5,500 from him and did not lpay it back later, and instead gave him a cheque which was dishonoured. The complainant Singh then approached the court and filed a case under the Negotiable Instrument Act against Pathania.
Pathania, however, did not appear before the court in the matter and was thus declared a Proclaimed Offender by the trial court on March 5.
On May 20, Pathania filed anticipatory bail plea in the court.
Counsel for Pathania, advocate Anchal Thakur argued in the court that the petitioner (Pathania) had not received any legal notice, summons, warrants or any other information regarding the pendency of the case against him.
The orders, thus, passed by the trial court declaring the petitioner as proclaimed offender in the case was against the provisions of Criminal Procedure Code which is followed in cases filed under the Section 138 of Negotiable Instrument Act.
It was also argued that the petitioner is ready to pay cheque amount of Rs 5,500 as well as in addition to it Rs 1,000 as interest and cost to the complainant through bank draft in order to discharge his legal liability.
The Court of Additional District and Sessions Judge, Rajesh Sharma, after hearing the arguments held that the petitioner did not have criminal background, and the offence was bailable and compoundable in nature, and in the event of arrest, the accused may be released on bail after furnishing personal surety bonds.
The Court, however, issued a notice to the complainant in the case, Purab Singh and his counsel, to appear on May 26 in the trial court.
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