IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-17754 of 2009 (O&M) Date of decision : 15.7.2009 Amarjit Kaur ....Petitioner Versus M/s Skylark Finance Corporation ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr.Brijeshwar Singh Bhalla, Advocate for the petitioner. ..... MAHESH GROVER, J. Crl.Misc.No.31933 of 2009 is allowed as prayed for. The first bail application under the provisions of Section 438 Cr.P.C. was declined. Now second bail application has been filed with a similar prayer. The petitioner is a proclaimed offender. The power under Section 438 Cr.P.C. is an extraordinary power which can be exercised by the Court in order to prevent the abuse of law by which a person is threatened. In the instant case the petitioner is facing the proceedings under Section 138 of the Negotiable Instruments Act. Her prayer having been declined on an earlier occasion she ought to have surrendered to the jurisdiction of the trial Court, rather she chose to become fugitive from law. In this eventuality, the extraordinary power conferred upon this Court by virtue of provisions of Section 438 Cr.P.C. cannot be exercised in her Crl.Misc.No.M-17754 of 2009 (O&M) -2- favour. No ground to answer the prayer as made in the petition. Dismissed. 15.7.2009 (MAHESH GROVER) JUDGE dss