CRM No. M-35338 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M-35338 of 2011 (O&M) Date of decision: 23.11.2011 Devi Dass ....Petitioner Versus Devinder Kumar Gupta ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. D.K. Bhatti, Advocate, for the petitioner. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) Learned counsel for the petitioner states that petitioner/accused was sentenced to undergo rigorous imprisonment for a period for one year and to pay a fine of ` 3,000/- for an offence punishable under Section 138 of the Negotiable Instruments Act, against which appeal was filed before the learned Sessions Judge, which was pending before the Additional District Judge, however, on the date fixed i.e. 31.10.2011, learned Presiding Officer was on leave, therefore, file was placed before Sh. Sandeep Kumar Singla, Additional Sessions Judge, however, petitioner was advised by the clerk of the counsel that since Presiding Officer is on leave, date shall be given and there is no need to appear before the Court. He further states that order dated 31.10.2011 is liable to be quashed. Learned counsel further states that petitioner shall appear before the Appellate Court within a week from CRM No. M-35338 of 2011 (O&M) -2- today. Considering totality of the facts and circumstances of the case, I direct let petitioner appear before the Appellate Court within a week from today. If he appears before the Appellate Court within a week from today, order dated 31.10.2011 shall not be given effect to and he shall be permitted to remain on the same bail on the same bonds, which he has furnished. Petition stands disposed of. (Alok Singh) Judge November 23, 2011 R.S.