IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Date of Decision: March 18, 2010 1. Criminal Miscellaneous No. M-7748 of 2010 2. Criminal Miscellaneous No. M-7780 of 2010 3. Criminal Miscellaneous No. M-7781 of 2010 4. Criminal Miscellaneous No. M-7782 of 2010 5. Criminal Miscellaneous No. M-7783 of 2010 6. Criminal Miscellaneous No. M-7784 of 2010 7. Criminal Miscellaneous No. M-7785 of 2010 8. Criminal Miscellaneous No. M-7786 of 2010 9. Criminal Miscellaneous No. M-7787 of 2010 10. Criminal Miscellaneous No. M-7788 of 2010 . . . Vijay Kumar .....PETITIONER(S) VERSUS State of Punjab & Another .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. B.S. Kathuria, Advocate, for the petitioner. . . . AJAI LAMBA, J (Oral) This shall dispose of ten petitions viz. Criminal Miscellaneous No.M-7748 of 2010 and Criminal Miscellaneous Crl. Misc. No. M-7748 of 2010 [2] Nos.M-7780 to 7788 of 2010 (all titled `Vijay Kumar vs. State of Punjab & Another’). Facts are similar in all the petitions. For reference to facts, file of Criminal Miscellaneous No.M-7748 of 2010 is being taken up. This petition has been filed under Section 438 Cr.P.C. It seems that the petitioner was tried for commission of offence under Section 138 of the Negotiable Instruments Act, 1881 in a complaint case titled `Punjab State Cooperative Supply & Marketing Federation Limited (Markfed), Patiala vs. M/s Akash Rice Mill & Others’. The petitioner had been convicted and sentenced. The petitioner carried an appeal through counsel which was pending adjudication before the Additional Sessions Judge, Fast Track Court, Patiala. On 30.10.2009, neither the counsel put in appearance before the Court nor even appellant No.2, Vijay Kumar son of Dev Raj (petitioner in this petition). In these circumstances, bail granted to the petitioner was cancelled and bail bonds were forfeited to the State. Non-bailable warrants of arrest were issued for 20.11.2009. On 20.11.2009, non-bailable warrants were received back unexecuted. After recording satisfaction that the petitioner is avoiding to appear in the Court, petitioner was summoned through proclamation under Section 82 Cr.P.C. for 19.12.2009. Needless to say that even on 20.11.2009, counsel did not put in appearance on behalf of the appellant (petitioner). Order dated 19.12.2009 indicates that proclamation Crl. Misc. No. M-7748 of 2010 [3] was issued and statement of serving official was recorded. Since the period of one month had not expired, the matter was adjourned to 23.1.2010. The order further notices that surety of the petitioner namely Sheesa Singh had died. Vide Order dated 23.1.2010 (Annexure P-6), the Trial Court has recorded its satisfaction that the petitioner is intentionally not appearing in the Court and has absconded. Accordingly the petitioner has been declared a Proclaimed Offender. The police authorities have been directed to constitute a special police party to apprehend the petitioner. Proceedings under Section 83 Cr.P.C. have also been initiated. Learned counsel for the petitioner contends that the petitioner is suffering from Cancer and therefore would require treatment. I have taken note of the arguments addressed on behalf of the petitioner. Learned counsel for the petitioner however has not been able to justify non appearance of the counsel. Learned counsel has also not been able to give any reason as to under what circumstances, medical history/ record of the petitioner was not brought before the Trial Court to enable it to consider the circumstances given out in this petition. Since the absence of the counsel from October 2009 to January 2010 is not justified, I find no reason to differ with the findings recorded by the Trial Court to the effect that the petitioner Crl. Misc. No. M-7748 of 2010 [4] intentionally did not appear and has been absconding. In view of the above, the petitions are dismissed. Learned counsel for the petitioner states that the petitioner would surrender within 10 days from today. If that be so and petitioner applies for regular bail, the Court dealing with the bail application of the petitioner would dispose of the same within 5 working days. Copy of this order be placed in Criminal Miscellaneous No.M-5130 of 2010. (AJAI LAMBA) March 18, 2010 JUDGE avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?