L.N.MITTAL - (1.) ACCUSED Ashwani Kumar Syal has filed this petition for anticipatory bail in criminal complaint No. RT/70 dated 02.11.2000/30.01.2003, under Section 138 of the Negotiable Instruments Act titled M/s Royal Paper Products vs. Ashwani Sayal and another, instituted by respondent no. 1 -complainant.
(2.) I have heard Learned Counsel for the petitioner and perused the case file.
(3.) THE complaint in question was instituted on 02.11.2000 i.e. 11 years ago. The accused has not entered appearance since then. He was declared Proclaimed Offender vide order dated 04.07.2005 (Annexure P -2) i.e. more than six years ago. On the other hand, the complainant is pursuing the complaint and he has to appear in the Court on every date of hearing and in this manner, the complainant has become the culprit and facing the agony for 11 years, whereas the accused is enjoying freedom and is not appearing in the Court at all.;