CRM-M No.25049 of 2011(O&M) ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.25049 of 2011 (O&M) Date of decision : 26.09.2011 Raj Rani @ Raj Kumari ...... Petitioner v. A.N. Yarns P. Ltd. and another ...... Respondents *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr. Suryakant Gautam, Advocate for the petitioner. Mr. Tejinder Pal Singh, Advocate for the respondent No.1. Ms. Preeti Chaudhary, A.A.G., Haryana. *** AJAY TEWARI, J. (Oral) This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in complaint case No.582/11 dated 10.07.2010 registered under Section 138 of the Negotiable Instrument Act. On 19.08.2011 the following contention was noticed:- “Learned counsel has argued that in a case under Section 138 of the Negotiable Instruments Act, on 25.05.2011 the petitioner was ordered to be served by proclamation for 09.07.2011. On coming to know of the proclamation the petitioner CRM-M No.25049 of 2011(O&M) ::2:: appeared before the trial Court on 06.06.2011 and was released on regular bail. The learned trial Court fixed the date as 08.06.2011 but by some mistake the petitioner thought that he was to appear on the date already fixed viz., 09.07.2011 and that is how the bail bonds were cancelled and warrants were issued for the arrest of the petitioner.” Learned counsel for the respondent No.1 has very fairly accepted that Section 138 of the Negotiable Instruments Act is bailable but argues that the conduct of the petitioner does not entitle him to the concession of bail. Learned counsel for the petitioner on the other hand argues that the petitioner has no hesitation to appear before the learned trial Court and he undertakes that he will appear regularly before the learned trial Court. In the circumstances, the petition is allowed. Let the petitioner appear before the learned trial Court who will grant bail to the petitioner to its satisfaction. ( AJAY TEWARI ) September 26, 2011 JUDGE ashish