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High Court of Punjab and HaryanaCRM-M/33208/2023disposed of

Gurmail Singh v. Sarabjeet Kaur

2023-07-13Mrs. Justice Manjari Nehru Kaul2 pages

CRM-M-33208-2023 -12023:PHHC:087305

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-33208-2023 Decided on : 13.07.2023 Gurmail Singh ...... Petitioner

Versus

Sarabjeet Kaur ...... Respondent CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Parunjeet Singh, Advocate for the petitioner.

**** Manjari Nehru Kaul, J.(Oral) 1.

Instant petition has been filed under Section 482 Cr.PC for quashing of the order dated 30.07.2022 (Annexure P-8) passed by JMIC, Chandigarh in complaint No.NACT/6261 of 2015 under Section 138 of Negotiable Instrument Act which the petitioner was declared as a Proclaimed Person. 2.

Learned counsel for the petitioner submits that the petitioner was declared a proclaimed person vide impugned order in a complaint case under Section 138 of Negotiable Instrument Act. Learned counsel further submits that the provisions of Section 82 Cr.PC had not been fully complied with as it was a matter of record that when the impugned order was passed, 30 days had not elapsed. Learned counsel still further submits that on this ground itself the impugned order deserves to be set aside. It has also been submitted that the petitioner is willing to appear and surrender and thereafter join proceedings before the trial Court.

3.

Notice of motion.

SONIA BURA 2023.07.14 10:52 I attest to the accuracy and integrity of this document

CRM-M-33208-2023 -22023:PHHC:087305 4.

On the asking of Court, Mr. Amit Rana, Sr. DAG, Punjab accepts notice on behalf of the respondent-State.

5.

In view of the submissions made above, the petition is disposed of with directions to the petitioner to appear and surrender before the trial Court within a period of seven days and move appropriate application for grant of bail. Till then no coercive steps be taken against the petitioner. The trial Court on such application being moved shall decide it within two days in accordance with law. It is, however, made clear that in case the petitioner fails to appear and surrender before the Court below within the above stipulated time period, then this order shall be of no avail to him.

13.07.2023 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2023.07.14 10:52 I attest to the accuracy and integrity of this document