Deepak Hiru Sadarangani And Another v. Indiabulls Housing Finance Pvt. Ltd And Another

138 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-12033-2026 Date of decision: 20.03.2026 DEEPAK HIRU SADARANGANI AND ANOTHER ...PETITIONERS V/S INDIABULLS HOUSING FINANCE PVT. LTD AND ANOTHER ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE SUBHAS MEHLA

Present:

Mr. Gurmohan Singh Bedi, Advocate for the petitioners. **** SUBHAS MEHLA, J. (ORAL) 1.

Present petition has been filed by the petitioner under Section 528 of BNSS for quashing of impugned order dated 16.02.2026 (Annexure P-1) passed in Criminal Complaint bearing NACT No.48069/2022 dated 05.11.2022 titled as "Indiabulls Housing Finance Ltd. Vs. Imagine Habitat Pvt. Ltd. & Others", under Sections 138/ 141/ 142/143A of the Negotiable Instruments Act, 1881 & under Section 357 of Cr.P.C. passed by learned Judicial Magistrate Ist Class, Gurugram vide which, petitioner has been declared as proclaimed person. 2.

Learned counsel for the petitioner contend that the petitioner came to know about the proclamation proceedings in the present FIR, at a later stage; he is willing to join the proceedings. Learned counsel confined his prayer to the limited extent that the petitioner is ready to surrender himself before learned trial Court and prays that the petitioner be not arrested by the police and operation of impugned order 16.02.2026 be stayed. 3.

Notice of motion.

SONIA PURI 2026.03.23 17:26 I attest to the accuracy and integrity of this document

CRM-M-12033-2026 2 4.

Mr. Karan Veer Singh, Sr. DAG, Haryana, who is present in the Court, accepted notice on behalf of respondent-State and submitted that the petitioner did not appear before the trial Court intentionally. 5.

Heard.

6.

Petitioner is directed to surrender himself before the learned Illaqa Magistrate/trial Court within 02 weeks and to move an appropriate application for joining investigation by raising all the pleas taken in this petition, before the Illaqa Magistrate regarding his non-appearance. The Illaqa Magistrate is directed to decide his application in accordance with law. Till then, he will not be arrested by the police in this matter and the registration of FIR in pursuance of proclamation be kept in abeyance. It is made clear that if the petitioner fails to appear before the Illaqa Magistrate within stipulated time then the relief granted by this Court shall be deemed to be withdrawn. 7.

Petition is accordingly disposed of.

(SUBHAS MEHLA) 20.03.2026 JUDGE Sonia Puri (i) Whether speaking/reasoned Yes/No (ii) Whether reportable Yes/No SONIA PURI 2026.03.23 17:26 I attest to the accuracy and integrity of this document