Arun Jindal v. State Of Punjab
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POOJA SHARMA 2024.11.06 16:09 I attest to the accuracy and integrity of this document
3.
Learned State counsel on the other hand has opposed the contentions raised by learned counsel for the petitioner and has submitted that the petitioner was rightly declared as a proclaimed person as he had failed to appear in the Court despite orders. 4.
I have heard counsel for the parties and perused the record. 5.
It is apparent that the due to non-appearance of the petitioner in a complaint case filed under Section 138 of the Negotiable Instruments Act, he was declared as a proclaimed person in the proceedings under the Negotiable Instruments Act. As the main case i.e. complaint filed under Section 138 of the Negotiable Instruments Act already stands dismissed as withdrawn in view of the settlement arrived at between the parties, the prosecution of the petitioner would not serve any purpose as the root cause of controversy i.e. complaint under Section 138 of the Negotiable Instruments Act already stands dismissed as withdrawn. 6.
So, keeping in view the above-said facts and the law settled, prosecution of the petitioner shall be abuse of the process of the Court. Consequently, present petition is allowed and impugned order dated 20.05.2023 passed in Complaint Case bearing No.NACT-432/2020 whereby petitioner was declared Proclaimed Person by learned Judicial Magistrate Ist Class, Malerkotla, is hereby quashed. 7.
The present petition stands allowed in above terms.
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