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High Court of Punjab and HaryanaCRM-M/27630/2025disposed of

Shiv Rattan v. Jaswant Singh

2025-05-20Mr. Justice H.S. Grewal2 pages

CRM-M No.27630 of 2025 -1132 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.27630 of 2025 Date of decision:20.05.2025 Shiv Rattan .....Petitioner

Versus

Jaswant Singh .....Respondent

CORAM:

HON'BLE MR. JUSTICE H.S. GREWAL

Present:

Mr. Rishab Garg, Advocate for the petitioner. ***   

 1.

The petitioner is seeking quashing of order of proclamation dated 09.03.2023 passed by learned Sub Divisional Judicial Magistrate, Hathin whereby the petitioner has been declared as a proclaimed person in case NI Act 15 of 2018 dated 23.02.2018.

2.

Learned counsel for the petitioner contends that the petitioner was facing proceedings under Section 138 of Negotiable Instruments Act, 1881 for dishonour of cheque amounting to Rs.10 lakhs. He further contends that he was never served in the proceedings and as such, could not join the said proceedings under 138 of Negotiable Instruments Act, 1881 initiated by the complainant. He further contends that provisions of Section 82 Cr.P.C., were not duly complied. However, he submits that he is willing and ready to join the proceedings and shall appear before the trial Court concerned. Learned counsel for the petitioner, on instructions further submits that the petitioner undertakes to appear before the trial Court concerned on each and every date and shall not seek any exemption for his personal appearance on any date of hearing before the trial Court. Hence, in the aforementioned facts and circumstances, the petitioner prays that directions be Sonia Puri 2025.05.22 18:06 I attest to the accuracy and integrity of this document

CRM-M No.27630 of 2025 -2issued to the Trial Court concerned that his bail application, which he would be filing on his surrender, be decided expeditiously.  3.

Keeping in view the facts of the case, the service of respondent is dispensed with as it will delay the proceedings.  4.

I have heard learned counsel for the petitioner and perused the material placed on record.

5.

No ground to interfere in the impugned order dated 09.03.2023 is made out and the present petition is hereby, disposed of. 6.

However, the petitioner is directed to appear and surrender before the trial Court concerned within a period of 07 days from today and may file bail application before the concerned Court. In case, he does so, the same be considered by the trial Court concerned, in accordance with law, on the same date, if he appears at 10.00 A.M.

20th May, 2025 (H.S. GREWAL) Sonia Puri JUDGE Whether speaking/ reasoned :

Yes / No Whether reportable :

Yes / No Sonia Puri 2025.05.22 18:06 I attest to the accuracy and integrity of this document