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Judgment
N.S.SHEKHAWAT, J. (Oral)
The petitioner has filed the present petition under Section 528 of B.N.S.S., 2023 with a prayer to set aside the impugned order dated 29.07.2026 passed by the Court of Judicial Magistrate First Class, Ludhiana, Annexure P-2, whereby, non-bailable warrants have been issued against the present petitioner in a complaint case No. COMA-56120 of 2025 titled as “Hero Fincorp Limited versus Sunder”, under Section 25 of the Payment and Settlement Systems Act, 2007 read with Section 138 of the Negotiable Instruments Act, 1881, along with all consequential proceedings arising therefrom.
Learned counsel for the petitioner submits that the respondent No.2 had filed a criminal complaint under Section 138 of the Negotiable Instruments Act against the petitioner. However, the summons/warrants were never served on her and the trial Court erroneously presumed that the warrants had been served on her. Apart from that, even the bailable warrants were never served on the petitioner and only on the basis of the submissions made by the learned counsel for the petitioner, non-bailable warrants have been issued against the present petitioner. She further submits that now the petitioner has come to know about the pendency of the proceedings against him and he is willing to appear before the trial Court.
I have heard learned counsel for the petitioner and perused the record very carefully.
Since, the petitioner has expressed his willingness to appear before the trial Court and the offence is bailable in nature, the petitioner is directed to appear before the trial Court/Duty Magistrate/CJM concerned within a period of 10 days from today and on his appearance, he shall be admitted to bail subject to his furnishing bail bonds and surety bonds to the satisfaction of the Duty Magistrate/trial Court/CJM concerned.
The petitioner shall also file an undertaking before the trial Court that he shall appear on each and every date of hearing fixed before the trial Court and shall not remain absent during the trial without seeking prior permission of the Court.
The petition stands allowed in the above terms.