Criminal Misc. -M No. 6688 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision : March 09, 2009 Bhupinder Singh Chawla ....Petitioner versus State of Punjab and another ....Respondents Coram: Hon'ble Mr. Justice Pritam Pal Present : Mr. RS Bajaj, Advocate for the petitioner Pritam Pal,J. (Oral) Petitioner has brought this petition under section 438 of the Code of Criminal Procedure for seeking anticipatory bail in complaint case No. 336/2/06 dated 3.8.2006 (Annexure P/1), titled as HS Dhillon versus Bhupinder Singh Chawla, under section 138 of Negotiable Instruments Act. Learned counsel for the petitioner contends that in a complaint case filed by respondent no. 2 on account of bouncing of cheque worth Rs 22,500/- , during the pendency of the case the petitioner could not appear on 22.9.2008 before the trial court as on that day, his father who is 80 years of age had fallen ill and as such, he was to be removed to the hospital. This fact was brought to the notice of the trial court also by learned counsel for the petitioner, but by that time, non-bailable warrants had already been ordered to be issued against him. Later-on, he also sought pre-arrest bail Criminal Misc. -M No. 6688 of 2009 (O&M) -2- from the court of Sessions and again, he could not appear within ten days, as ordered by learned Sessions Judge, before the trial court on account of his own illness. In that behalf, learned counsel for the petitioner has also made reference to medical certificate of the petitioner, Annexure P/4. During the course of arguments, it is also submitted by learned counsel for the petitioner that even otherwise the petitioner is still ready to make the cash payment of the bounced cheque to the respondent no. 2-complainant. In these given facts and circumstances, I feel that no notice is required to be served upon the complainant and thus, taking an over-all view of the facts and circumstances, as stated above, this petition is disposed of with a direction that the petitioner shall appear before the trial court within five days from today and there he would be admitted to bail by learned trial court and there offer shall also be made by the petitioner to the complainant to return the amount of the bounced cheque along with interest. Copy of the order be given Dasti under the signatures of the Court Secretary. ( Pritam Pal ) March 09, 2009 Judge 'dalbir'