Crl.Misc No M- 10746 of 2010 Balbir Singh Vs. State of Haryana and another PRESENT: Mr.Vishal Gupta, Advocate, for the petitioner. Mr.S.S.Mor, Sr.DAG, Haryana. *** Crl.Misc.No.36750 of 2010 This is an application for placing on record an affidavit of the petitioner. Application is allowed and affidavit of petitioner is taken on record. Crl.Misc.No.M-10746 of 2010 The present petition has been filed for grant of anticipatory bail in Complaint case No. 248 dated 13.6.2007 (Annexure P-1) under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as “the Act”). Learned counsel for the petitioner submits that petitioner was attending the Court proceedings regularly and never remained absent on any day and only on 19.11.2009, the petitioner could not appear before the trial Court due to wrong noting down of the date in the case. Learned counsel for the petitioner further submits that absence before the trial Court was neither wilful nor intentional and it was due to bona-fide mistake of wrong noting down of the date and the petitioner is ready to surrender before the trial Court. Notice of motion. Mr.S.S.Mor, learned Sr.DAG, Haryana accepts notice on the asking of the Court. In this case, the respondent No.2 filed a complaint under Section 138 of the Act against the present petitioner and he was granted bail. The case was fixed for evidence of the complainant on 26.9.2009 but the petitioner could not appear before the trial Court. An application for Crl.Misc No M- 10746 of 2010 [2] exemption was filed which was allowed by the trial Court. The case was fixed for hearing on 19.11.2009 and the petitioner was absent. His presence was not procured through warrant of arrest and then he was declared Proclaimed Offender. As per case of the petitioner, no intimation was sent to him and on the basis of false report on the summons/warrants, he was wrongly declared Proclaimed Offender. As per statement made by the learned counsel for the petitioner, the petitioner is ready to surrender before the trial Court. The petitioner has filed an affidavit that due to mistake on his part, he could not appear because of wrong noting down of the date. Although it is mentioned in the order that the petitioner absented since long and absconding from Court whereas the petitioner is in government job. As per statement made by the petitioner, he has not been sent any intimation by the police and he was wrongly declared Proclaimed Offender on the basis of report made by the police. Moreover, the petitioner has been attending the Court proceedings regularly and prior to that the petitioner never remained absent. The reason given by the petitioner seems to be genuine. In view of the submissions made by the learned counsel for the petitioner, the petitioner is directed to surrender before the trial Court and furnish fresh bail bond and surety bond to the satisfaction of the trial Court subject to payment of Rs.5000/- as costs to be deposited in the office of Legal Services Authority, Haryana. (DAYA CHAUDHARY) July 23, 2010 JUDGE raghav Crl.Misc No M- 10746 of 2010 [3] Crl.Misc No M- 10746 of 2010 [4]