IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-28818 of 2008 (O&M) Date of decision: 19th January, 2009 Sukhjeet Kaur … Petitioner Versus State of Punjab and another … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Satish Goel, Advocate for the petitioner. Mr. Anter Singh Brar, Deputy Advocate General Punjab for the State. Mr. Vivek Suri, Advocate for respondent No.2. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Criminal Misc. No.59049 of 2008 Criminal Misc. is allowed. Facts are taken on record. Criminal Misc. No.M-28818 of 2008 Whether the draft given for Rs.35,000/- was for the cheque which was issued, or was for some other amount, this fact is to be determined by the trial Court. Even though the petitioner was declared proclaimed offender, offence is under The Negotiable Instruments Act. It is in interest of the complainant that accused appears and the trial concludes. Counsel for the petitioner has submitted that in pursuance of the interim order passed by this Court, petitioner had appeared before the trial Court on 14th November, 2008 and was released on interim bail. Criminal Misc. No. M-28818 of 2008 (O&M) Since petitioner had evaded appearance before the trial Court and was declared proclaimed offender, complainant had to suffer. Therefore, the injury caused to complainant can be compensated by imposing cost. In case petitioner appears before the trial Court on or before 31st January, 2009, she shall be released on bail, subject to payment of Rs.5000/- as cost and the same shall be disbursed to the complainant. With these observations, present petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE January 19, 2009 rps 2