IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc M- 20857 of 2010 Date of decision: 22.7.2010 Subhash Chander …Petitioner Versus Surinder Kumar …Respondent Present: Mr Sandeep Arora, Advocate for the petitioner. S.S.SARON, J. This petition has been filed against the order dated 29.3.2010 (P2) passed by the learned Additional Sessions Judge, Gurdaspur, whereby on account of non-appearance of the petitioner, despite making a statement on an earlier date to pay the amount of Rs 67,000/-, he did not appear and his personal bonds and surety bonds have been cancelled and forfeited to the State. Respondent – Surinder Kumar had filed a complaint under Section 138 of the Negotiable Instruments Act (Act – for short) alleging that the petitioner had borrowed a sum of Rs 40,000/- from him for his domestic needs. In this regard, the petitioner issued a cheque dated 9.11.2004, which was not honoured. The petitioner was tried for the offence under Section 138 of the Act and was convicted by the learned JMIC, Gurdaspur vide order dated 13.5.2008 (P1). Aggrieved against the same, the petitioner filed an appeal before the Sessions Court. During the pendency of the said appeal, a settlement was reached at between the petitioner and respondent-2. The petitioner, in terms of the settlement, agreed to pay an amount of Rs Cr Misc M-20857 of 2010 2 67,000/- in discharge of his liability in lieu of the cheque amount. The petitioner sought reasonable time to make arrangements for the payment. The case was taken up before the Lok Adalat on 27.2.2010, on which date the petitioner made a statement that he was ready to compromise the matter with the respondent and he made an offer of Rs 67,000/- in discharge of his liability. His statement was signed by the counsel which was accepted by the respondent by making a separate statement. On the date fixed for hearing i.e. 29.3.2010, the petitioner did not appear before the learned Additional Sessions Judge, Gurdaspur, who, vide impugned order dated 29.3.2010, cancelled the personal bonds and surety bonds of the petitioner and forfeited them to the State. The non-bailable warrants of arrest was issued for 10.4.2010. Learned counsel for the petitioner submits that the petitioner is posted at Srinagar and the petitioner had filed an application in the Court of learned Additional Sessions Judge, Gurdaspur seeking his exemption. It is submitted that the petitioner has no intention/motive to refuse the payment of the respondent. It is submitted that the petitioner would make the necessary payment to the respondent on the next date fixed i.e. 13.8.2010. In view of the above, this petition is disposed of with the direction that in case the petitioner appears before the learned Additional Sessions Judge, Gurdaspur on 13.8.2010 and tenders the amount due, the learned Additional Sessions Judge shall taken into consideration the fact that he has honoured his commitment. In the event of failure of the petitioner to appear on the said date, the petition, as filed, shall be deemed to be dismissed. 22.7.2010 ( S.S.SARON ) ASR Judge