Mohinder Kaur v. Shinder Singh

CRM-M-11773-2020 --1--

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-11773-2020 Decided on: 17.05.2023 Mohinder Kaur ......Petitioner Vs.

Shinder Singh ......Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. S.L. Chander Shekhar, Advocate for the petitioner.

*** ANOOP CHITKARA J.

Complaint Case No.NACT 8050/2017 dated 30/31.10.2017 titled as Shinder Singh vs. Mohinder Kaur filed under Section 138 of Negotiable Instrument Act Seeking quashing of proclamation order dated 16.10.2019 (Annexure P-4), the accused has come up before this court under Section 482 of the Code of Criminal Procedure, 1973 (CrPC).

2.

Ld. Counsel for the petitioner contends that the non-appearance was because of wrong address, and thus, was unintentional, without any endeavor to delay the trial, and due to factors beyond the petitioner's control. He further submits that petitioner is appearing before the trial Court pursuant to order dated 20.03.2020 passed by this Court without any lapse.

3.

In para 6, the petitioner mentioned the reasons of non-appearance. 4.

Given the above, the petitioner has made a case on the preponderance of probability that neither any sincere attempt was made to execute the warrants nor did the petitioner have any knowledge about appearance as contemplated under section 82 CrPC. Thus, the order is arbitrary and did not afford reasonable opportunity as mandated under Section 82 of CrPC.

5.

Consequently, the impugned order of proclamation dated order dated 16.10.2019, ANJU RANI 2023.05.22 16:55 I attest to the accuracy and integrity of this document

CRM-M-11773-2020 --2-- passed by ld. JMIC Amritsar, in this matter is set aside. Petition allowed in the terms mentioned above. Pending applications, if any, stand disposed of.

(ANOOP CHITKARA) JUDGE 17.05.2023 anju rani Whether speaking/reasoned:

Yes Whether reportable:

No.

ANJU RANI 2023.05.22 16:55 I attest to the accuracy and integrity of this document