Crl. Rev. No. 1290 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Rev. No.1290 of 2010 Date of Decision: July 21, 2010 Anil Kumar …..Petitioner Vs. Housing Development Finance Corporation Ltd. …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. D.S Sidhu, Advocate for the petitioner. Ms. Promila Nain, Advocate for the respondent. -.- M.M.S. BEDI, J. (ORAL) The petitioner has been able to evade his appearance in the proceedings under Section 138 of the Negotiable Instruments Act, (hereinafter referred to as ‘the Act’) initiated by the respondent Housing Development Finance Corporation Limited. The petitioner seeks the concession of pre-arrest bail apprehending arrest in proceedings under Section 138 of the Act as he has been declared a proclaimed offender. Crl. Rev. No. 1290 of 2010 [2] Counsel for the respondent has vehemently opposed the petition for pre-arrest bail contending that the petitioner is a chronic defaulter and he has been able to hoodwink the process of the law by evading appearance for a period of more than 6/7 years as such he should not be granted the concession of pre-arrest bail. I have heard counsel for the petitioner as well as counsel for the respondent and I am of the opinion that the petitioner no doubt has been able to evade his appearance by adopting dilatory tactics but in view of the fact that the petitioner, as per the interim directions of this Court has deposited a sum of Rs.25000/- payable to the complainant as cost/ compensation for delaying the proceedings, he can be granted the concession of pre-arrest bail. Petition is allowed and it is ordered that the petitioner will appear before the trial Court on August 7, 2010. The trial Court will take up the proceedings which have been consigned to the record room on account of non-appearance of the petitioner. A sum of Rs.25000/- deposited by the petitioner will be handed over to the representative of the complainant and petitioner will be released on bail on his furnishing bail bonds for a sum of Rs.30000/- with one surety of the like amount to the satisfaction of the trial Court subject to a condition that the petitioner will continue to appear before the trial Court and will not absent himself without any sufficient cause. It is made clear that in case any attempt is made by the petitioner to delay the proceedings by absenting himself without any reasonable cause, it will be open to the trial Court to cancel the bail bonds. The trial Court will, Crl. Rev. No. 1290 of 2010 [3] however, expeditiously dispose of the complaint under Section 138 of the Act. July 21, 2010 (M.M.S.BEDI) sanjay JUDGE