Judgment High Court
Case Details
APURVA 2025.09.12 18:48 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-39570-2024 in/and CRM-M-48294-2022 and willingness to amicably settle the matter. 2. Briefly, the non-applicant/petitioner – Balinder had filed a petition bearing CRM-M No.48294 of 2022 under Section 439 of the Code of Criminal Procedure, seeking grant of regular bail in case FIR No.60 dated 07.03.2022 (Annexure P-1), under Sections 120-B, 406, 409, 420 and 506 of the Indian Penal Code, registered at Police Station Kalayat, District Kaithal. 3. The aforesaid petition was disposed of by this Court vide order dated 13.01.2023, whereby regular bail was granted to the non-applicant/petitioner – Balinder, with the following observations:- “During the course of proceedings, on 09.01.2023, learned counsel for the petitioner had submitted that the petitioner is ready and willing to amicably settle the dispute with the complainant and in order to show his bona fide, he shall bring a demand draft of Rs.4,00,000/- in the name of complainant on the next date of hearing, i.e. 13.01.2023. Today, i.e. on 13.01.2023, learned counsel for the petitioner has brought a demand draft bearing No.000112, for a sum of Rs.4,00,000/- in the name of Baldev Singh (complainant), drawn on Central Bank of India. Copy thereof is supplied in Court itself, which is taken on record, subject to all just exceptions.
Legal Reasoning
2023, seeking recall of the order dated 13.01.2023 passed by this Court in CRM-M No.48294 of 2022. 4.1 Notice in the aforesaid application was issued on 24.07.2023 and the concerned Station House Officer was directed to ensure the presence of the non-applicant/petitioner – Balinder before this Court. Thereafter, on 31.10.2023, the petitioner appeared before this Court and submitted an affidavit undertaking to make the balance payment as per the schedule mentioned therein. Accordingly, the following order dated 31.10.2023 was passed in CRM No.22836 of 2023:- “4. It appears that petitioner (Balinder) did not comply with the statement made before this Court whereby the liability to pay Rs. 57,00,000/- to complainant (Baldev Singh) was admitted. 5. In these circumstances, the instant application came to be filed before this Court, whereupon notice was issued and petitioner (Balinder) has been produced in Court today by Inspector Rohtash and Sub Inspector Rambir, Police Station Kalayat, Kaithal. Petitioner (Balinder) is also represented by his counsel and has submitted an affidavit of petitioner (Balinder) in Court today, which is taken on record and is marked as 'X' and copy of said affidavit has been handed over to learned counsel for complainant. The relevant extracts of said affidavit read as under :- “ Affidavit of Balinder aged years S/O Sia Ram, Resident of Village Sajuma, Tehsil Kalayat District APURVA 2025.09.12 18:48 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh Kaithal Haryana CRM-39570-2024 in/and CRM-M-48294-2022 M. No. Aadhar No. 6549 5652 7303 RESPECFTFULLY SHOWETH I the above mentioned deponent do solemnly affirm and declare as under 1. That the deponent undertakes to make compliance of order dated 13.01.2023 by this Hon'ble Court in CRM-M-48294 of 2022 as per following schedule. The amount already paid – 10 Lacs Payment to be paid on 25.11.2023 – 10 Lacs Payment to be paid on 28.04.2024 – 20 Lacs Payment to be paid on 10.08.2024 – 17 Lacs 2. That the deponent undertakes to make the payment to the applicant/complainant as per the schedule mentioned above. Chandigarh 31.10.2023 VERIFICATION sd/- Deponent Verified that the contents of para no. 1 and 2 of this affidavit are true and correct. No part of it is false or incorrect and nothing material has been kept concealed there from. Chandigarh 31.10.2023 sd/- Deponent” 6. Learned counsel for applicant-complainant submits that complainant shall have no objection, if the petitioner (Balinder) proceeds to make balance payment in terms of affidavit dated 31.10.2023, filed before this Court. 7. From the above, it is apparent that petitioner (Balinder) has undertaken to pay an amount of Rs. 10,00,000/- on 25.11.2023 to the complainant. 8. Learned counsel for non applicant-petitioner submits that the matter may be posted subsequent to 25.11.2023 and on the adjourned date, petitioner (Balinder) shall also bring post dated cheques of Rs. 20,00,000/- and Rs. 17,00,000/-, as indicated in the affidavit dated 31.10.2023.” Thereafter, the matter was taken up on 30.11.2023, when the 5. APURVA 2025.09.12 18:48 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-39570-2024 in/and CRM-M-48294-2022
Arguments
Learned counsel for the petitioner submits that so far as the petitioner is concerned, an amount of Rs.57,00,000/- would be recoverable from him, out of which, some amount already stands recovered and another sum of Rs.4,00,000/- has been brought by him in Court today. At this stage, learned counsel representing the complainant does not dispute the aforesaid submission made by learned counsel for the petitioner. The complainant, namely Baldev Singh, who is also present in Court and he has been duly identified by his counsel, accepts the aforesaid demand draft amounting to Rs.4,00,000/- and submits that if the APURVA 2025.09.12 18:48 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-39570-2024 in/and CRM-M-48294-2022 petitioner is ready to work out the modalities regarding payment of the balance amount to him then he has no objection in case the bail is granted to the petitioner in this case. Learned State counsel has although opposed the prayer of petitioner for grant of regular bail on the ground of seriousness of the offences, however, he does not dispute the facts that the petitioner is in custody since 14.04.2022 and investigation in the case is complete and challan stands presented on 07.05.2022. Learned State counsel, while relying upon reply dated 07.01.2023, has further submitted that after registration of the case against the petitioner, certain amounts have been got recovered from him. Further, learned State counsel does not raise any objection with regard to the amicable resolution of dispute between the parties concerned. I have heard learned counsel for the parties and perused the paper book. The investigation in the matter is complete, challan stands presented on 07.05.2022 and the petitioner is in custody since 14.04.2022. Considering the submission of learned counsel for the petitioner that the petitioner is ready and willing to amicably settle the dispute with the complainant, accordingly, this Court deems it appropriate to grant one opportunity to the petitioner to course-correct. Keeping in view the aforestated circumstances, the instant petition is allowed and the petitioner is ordered to be released on regular bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate concerned. At the time of release of the petitioner, the concerned Court shall fix a date for calling the parties (petitioner and complainant) before it and provide an opportunity to them to work out the modalities of settlement between them and take further recourse to remedies as per law, failing which, the complainant shall be at liberty to move an appropriate application for revival of this petition.” APURVA 2025.09.12 18:48 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-39570-2024 in/and CRM-M-48294-2022 4. It appears that in pursuance of the aforesaid order dated 13.01.2023, the Court below had relegated the matter to the Mediation Centre. However, the non-applicant/petitioner failed to abide by the settlement and undertaking given by him before this Court, which constrained the complainant to file an application bearing CRM No.22836 of
Decision
aforesaid application, i.e. CRM No.22836 of 2023, was disposed of with the following observations:- “Learned counsel for applicant-complainant submits that in compliance of order dated 31.10.2023, non-applicant/petitioner has already made payment of Rs. 10,00,000/- to applicant-complainant and also handed over a post dated cheque bearing No. 075222, drawn on Central Bank of India, amounting to Rs. 20,00,000/- in the name of applicant-complainant (Baldev Singh) on 29.11.2023. Today, learned counsel for non-applicant/petitioner has brought in the Court today another post dated cheque bearing No. 075225, dated 10.08.2024, drawn on Central Bank of India, amounting to Rs. 17,00,000/-, in the name of complainant (Baldev Singh), with the submission that the same would be honoured as and when presented for clearance and photocopy of same has been retained on file whereas original cheque has been handed over to learned counsel for applicant- complainant. In view of aforesaid statement made by learned counsel for non-applicant/petitioner, learned counsel for applicant- complainant submits that he does not wish to pursue the matter any further and he may be permitted to withdraw the instant application. In view of aforesaid statement made by learned counsel for applicant/complainant, the instant application is dismissed as withdrawn. It is made clear that in case, the aforesaid post dated cheques are not honoured on its presentation, complainant would be at liberty to seek revival of the petition.” 6. Now, the present application, i.e. CRM No.39570 of 2024, has been filed seeking revival of the main petition bearing CRM-M No.48294 of 2022 and for cancellation of the regular bail granted to the non-applicant/petitioner – Balinder; on the plea that the cheques issued APURVA 2025.09.12 18:48 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-39570-2024 in/and CRM-M-48294-2022 by the non-applicant/petitioner, as recorded in the above extracted order dated 30.11.2023 were not honoured, although certain payments were made by way of RTGS on different dates but still an amount of more than Rs.17 Lacs is still to be paid by the non-applicant/petitioner. 6.1 Notice in the present application was issued, but none appeared on behalf of the non-applicant/petitioner – Balinder. Thereafter, vide order dated 05.09.2025, the application was directed to be taken up after the Urgent List. 7. Today, Mr. Akash Mehta, Advocate, has appeared on behalf of the non-applicant/petitioner – Balinder. Upon query from the Court as to whether the non-applicant/petitioner is ready and willing to make the balance payment within a period of one week, learned counsel has expressed the non-applicant/petitioner’s inability to do so and, instead, sought further time of two months for making the said payment. 8. While encouraging settlements, it is required that the interest of the parties are protected and no one misuses or abuses the process of the Court to harass the other party or take undue advantage over the other. The integrity and efficacy of the proceedings before this Court are, therefore, to be maintained. 9. Considering the aforesaid conduct of non-applicant/petitioner – Balinder, and in view of the fact that he has repeatedly failed to abide by the settlement arrived at with the complainant as well as the undertakings furnished by him before this Court on more than one occasion, the order dated 13.01.2023 granting him the concession of regular bail is hereby recalled and withdrawn; and the main petition bearing CRM-M No.48294 of 2022 is restored to its original number and the same is taken up on Board APURVA 2025.09.12 18:48 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-39570-2024 in/and CRM-M-48294-2022 today itself. 10. The application bearing CRM No.39570 of 2024 is disposed of accordingly. CRM-M-48294-2022: Petitioner – Balinder had filed the present petition under Section 439 of the Code of Criminal Procedure, seeking grant of regular bail in case FIR No.60 dated 07.03.2022 (Annexure P-1), under Sections 120-B, 406, 409, 420 and 506 of the Indian Penal Code, registered at Police Station Kalayat, District Kaithal. 2. Although, the present petition for regular bail was earlier disposed of by this Court considering the willingness of the parties to amicably settle the matter and the matter was in fact settled also; however, the petitioner has failed to abide by the terms of the Settlement arrived at between him and the complainant. The payments undertaken to be given to the complainant have not been made and even the cheques issued by the petitioner in favour of the complainant have not been honoured. Apparently, the petitioner has violated the undertakings given before this Court on more than one occasion. The petitioner has abused the process of law by putting forth false representation before this Court so as to seek bail whereas he had no intention to settle the matter with the complainant in the manner stated in the Settlement Deed and also the undertaking given before this Court by way of affidavit. I am of the considered view that the conduct of the petitioner is not above board and, therefore, he is not entitled to the concession of regular bail. Accordingly, the present petition is dismissed at this stage. 3. Consequently, the petitioner – Balinder is directed to surrender before the concerned Station House Officer within a period of one week APURVA 2025.09.12 18:48 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-39570-2024 in/and CRM-M-48294-2022 from today, who shall further lodge the petitioner in the jail. 4. In the eventuality that the petitioner does not surrender before the concerned Station House Officer within the stipulated period, the concerned Station House Officer is directed to arrest the petitioner and produce him before the Illaqa Magistrate/Duty Magistrate/Chief Judicial Magistrate forthwith, who shall take necessary steps to ensure compliance of this order. 5. Copy(ies) of this order be forwarded to the concerned Illaqa Magistrate/Duty Magistrate/Chief Judicial Magistrate, for necessary compliance. 5.1 A copy of this order be also given to the State counsel, who shall forward the same to the concerned Station House Officer, for compliance and necessary action. 6. All pending application(s), if any, shall also stand closed. APURVA 2025.09.12 18:48 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh