Ashu Kohli v. State Of Punjab And Another

146 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-26880-2026 (O&M) Date of decision: 13.05.2026 ASHU KOHLI ...PETITIONER V/S STATE OF PUNJAB AND ANOTHER ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE SUBHAS MEHLA

Present:

Mr. Vipin Mahajan, Senior Advocate with Ms. Tejinder Kaur, Advocate for the petitioner.

**** SUBHAS MEHLA, J. (ORAL) 1.

Present petition has been filed by the petitioner under Section 528 of BNSS, 2023 for quashing of impugned order dated 08.12.2025 (Annexure P-5) passed by learned Judicial Magistrate Ist Class, Gurdaspur in criminal complaint bearing NACT-414/2025 dated 23.06.2025 (Annexure P-1) titled as 'Ashok Kumar Vs. Ashu Kohli' whereby the petitioner has been declared as proclaimed person without complying with the provisions of Section 82 of Cr.P.C.

2.

Learned counsel for the petitioner contended that the present complaint is between the petitioner-daughter and the complainant-father under Section 138 of Negotiable Instruments Act (for short 'the NI Act'); the provisions of Section 82 of Cr.P.C. have not been adhered to by the trial Court while declaring the petitioner as proclaimed person; that the petitioner is willing to join the proceedings and there is chance of compromise between parties. Learned counsel limited his prayer to the extent that the petitioner is ready to SONIA PURI 2026.05.20 18:13 I attest to the accuracy and integrity of this document

CRM-M-26880-2026 2 surrender herself before learned trial Court and prayed that the petitioner be not arrested by the police.

3.

Considering the prayer made by learned counsel for the petitioner, no notice is required to be issued to the respondent. 4.

Heard, and paper book perused.

5.

Keeping in view of the limited prayer made by learned counsel for the petitioner, the petitioner is directed to appear/ surrender herself before the learned trial Court within a period of two weeks and to move an appropriate application regarding compounding of offence, if she desires so, as well as bail application, by raising all the pleas taken in this petition, before the trial Court regarding her non-appearance. The concerned Court is directed to decide her application in accordance with law. Till then, the petitioner will not be arrested by the police in this matter. It is made clear that if the petitioner fails to appear before the Court concerned within the stipulated time period, then the relief granted by this Court shall deemed to be withdrawn. 6.

Petition is accordingly disposed of.

(SUBHAS MEHLA) 13.05.2026 JUDGE Sonia Puri (i) Whether speaking/reasoned Yes/No (ii) Whether reportable Yes/No SONIA PURI 2026.05.20 18:13 I attest to the accuracy and integrity of this document