IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-22323 of 2008 Date of Decision: October 22, 2008 Prem Chand Singla .....PETITIONER(S) VERSUS Hem Raj .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Gaurav Mohunta, Advocate, for the petitioner. Mr. R.C. Chaudhary, Advocate, for the respondent. . . . AJAI LAMBA, J (Oral) This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail in a complaint case titled ‘Hem Raj vs. Shalimar Forests India Ltd.’ registered under Section 138 of the Negotiable Instruments Act, 1881, pending in the Court of Judicial Magistrate, Ist Class, Chandigarh. Contention of learned counsel is that the company namely Shalimar Forests India Limited was wound up and therefore, the address of the petitioner had changed. There was no intention to evade process of law and arrest. Under the circumstances given in the petition and noticed above, the petitioner is entitled to the prayer made for bail. The order Crl. Misc. No. M-22323 of 2008 [2] declaring the petitioner as Proclaimed Offender is also dehors the fact that the address of the petitioner had changed. Learned counsel further states that so as to show his bonafide and settling the dispute once for all, the cheque amount of Rs.50,000/- is offered to the complainant alongwith interest @ 6% from the date of issue of cheque and some amount for expenses incurred. Notice of motion was issued while considering the averments made, vide Order dated 1.9.2008 for 16.9.2008. On the said date i.e. 16.9.2008, learned counsel for the petitioner had brought the cheque amount alongwith a sum of Rs.15,000/- by way of bank draft, however, service on the respondent was not complete and therefore, the matter was adjourned for today. Service is complete. The complainant alongwith his counsel Mr. R.C. Chaudhary, Advocate, has put in appearance. The complainant as identified by Mr. R.C. Chaudhary, Advocate, has made a statement that he accepts a sum of Rs.50,000/- (Banker Cheque No.0053701 dated 25.8.2008) alongwith a sum of Rs.15,000/- (Draft No.065623 dated 15.9.2008 for Rs.12,000/- and Draft No.065624 dated 15.9.2008 for Rs.3,000/-) in lieu of full and final settlement of the issue arising out of the complaint at issue namely, Anenxure P-1. The learned counsel states that the Crl. Misc. No. M-22323 of 2008 [3] complainant would make a statement before the Trial Court for withdrawal of the complaint in view of the fact that the entire cheque amount alongwith other incidental expenses has been received by him. Having regard to the development that has taken place as noticed above, this petition is allowed. Order dated 1.9.2008 is made absolute. The petitioner would not be taken in custody and would be released on regular bail. A copy of this order be forwarded to the Trial Court for consideration of the later developments as noticed above. (AJAI LAMBA) October 22, 2008 JUDGE Avin