1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. 27574-M of 2009 Date of Decision: 5.10.2009 *** Gurbax Singh .. Petitioner Vs. Jaspal Singh .. Respondent. CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR, Present:- Mr. Sarbjit Singh, Advocate for the petitioner. *** ARVIND KUMAR, J. The appeal of the petitioner, challenging his conviction and sentence imposed under Section 138 of Negotiable Instruments Act, is pending before the appellate Court below. On 12.9.2009 he could not appear before the appellate Court. An application seeking his exemption from personal appearance was filed, but was dismissed by the appellate Court, resulting into cancellation and forfeiture of his bail bonds and surety bonds. Accordingly, he has been ordered to be summoned through warrants of arrest besides initiation of proceedings under Section 446 Cr.P.C. against him as well as his surety. Through the present petition, he has sought quashing of the said order. I have heard the learned counsel for the petitioner and have also gone through the paper-book carefully. It has been contended by learned counsel for the petitioner that the petitioner remained under the treatment of a local doctor since 9.9.2009 and was advised rest for ten days and has referred to certificate (Annexure P-3), therefore, he could not appear before the Court and the absence was not intention, but for the reasons beyond the control of the petitioner. It has further been contended that there is no intention of the petitioner to linger on the case and is ready to surrender before the court concerned. Thus, it is prayed that a lenient view may kindly be taken. Considering the circumstances of the case, the non-bailable warrants issued against the 2 petitioner stands converted to bailable warrants. However, the order is without prejudice to the proceedings initiated by the appellate Court below under Section 446 Cr.P.C. The instant petition stands disposed of in the manner indicated above. Copy of this order be given dasti under signatures of Reader of this Bench. (ARVIND KUMAR) JUDGE October 5,2009 Jiten