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Himachal Pradesh High Court · body

2015 DIGILAW 345 (HP)

Pawan Kumar v. State of H. P.

2015-04-16

P.S.RANA

body2015
JUDGMENT : P.S. Rana, J. It is observed by the Court that private complaint under Section 138 of the Negotiable Instrument Act was filed before the trial Court by the H.P. State Agriculture and Rural Development Bank. In the present application the complainant, i.e. H.P. State Agriculture and Rural Development Bank has not been impleaded as a co-party. It is held that H.P. State Agriculture and Rural Development Bank is a necessary party in the present case in order to dispose of the petition properly and effectively and to impart proper justice to the parties. Hence, H.P. State Agriculture and Rural Development Bank is impleaded as co-respondent No. 2 in Whether reporters of local papers are allowed to see order ? Yes the present petition. Notice be issued to the newly impleaded co-respondent No. 2, namely H.P. State Agriculture and Rural Development Bank returnable within four weeks and entry in the memo of parties be made in red ink forthwith.. At this stage Ms. Sulochna Kaundal appears and waives service of notice on behalf of newly impleaded co-respondent No. 2, i.e. H.P. State Agriculture and Rural Development Bank. At this stage learned Advocate appearing on behalf of newly impleaded co-respondent No. 2, i.e. H.P. State Agriculture and Rural Development Bank and Learned Additional Advocate General submitted that co-respondents No. 1 & 2 have no objection if the application filed under Section 439 Cr.P.C. is allowed. In view of no objection on behalf of corespondents No.1 & 2, petition filed under Section 439 Cr.P.C. is allowed and it is ordered that applicant namely Pawan Kumar will be released on furnishing personal bond to the tune of ` 1,00,000/- (One lac) with two sureties in the like amount to the satisfaction of the trial Court on the following conditions. (i) That applicant will attend the proceedings of Learned trial Court regularly as and when called upon to do so. (ii) That applicant will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any investigating officer. (iii) That applicant will not leave India without the prior permission of the Court. (iv) That applicant will not commit similar offence qua which he is accused. (iii) That applicant will not leave India without the prior permission of the Court. (iv) That applicant will not commit similar offence qua which he is accused. (v)That applicant will give his latest residential address in written manner to the Court at which address applicant would be available at short notice. The observations made in this order will not effect the merits of the case in any manner and will strictly confine for the disposal of this bail application filed under Section 439 of Code of Criminal Procedure 1973. All pending application(s) if any also disposed of. Bail petition filed under Section 439 of Code of Criminal Procedure stands disposed of.