Sahib Singh v. State Of Punjab And Another



  




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Present petition has been filed under Section 482 of the Code of Criminal Procedure for setting aside the order dated 26.05.2022, Annexure P-2, passed by learned JMIC, Ferozepur, in Complaint No. NACT 1095 of 09.10.2018, under Section 138 of the Negotiable Instruments Act, 1881, filed by respondent no. 2 whereby the petitioner was declared as a proclaimed person.

Learned counsel contends that the petitioner has been residing at Moga for the last 4-5 years. In that regard, he has placed on record and makes a reference to Annexures P-3 to P-8, being From J of Market Committee, Dharamkot, dated, 15.04.2021, a copy of passport with the date of issuance showing as 20.12.2018, a copy of Indian Union Driving Licence showing the date of issuance dated 26.12.2017, a copy of the PAN card, dated 01.08.2019, a copy of Aadhar card issued on 19.07.2017, and a copy of residence proof dated 10.09.2022, (all of the petitioner ), issued by Gurpinder Singh, Municipal Councilor Dharamkot (Moga), respectively, all of which reflects his address Ward No. 01, Agwar Gillan Da, Pandori Gate, Tehsil Dharamkot, District Moga.

The reliance by the learned counsel on these documents is primarily to show that he was a resident of Moga whereas the summons and warrants issued by the learned trial court whereby he was declared a proclaimed person vide order dated 26.05.2022 (Annexure P-2) were issued at his address given by the complainant in the complaint which is detailed in the complaint Annexure P-1 is of the Village Dula Singh Wala,



Tehsil and District Ferozepur, as well as Near Diary Farm, Shadiwala, Tehsil Dharamkot, District Moga.

Learned counsel further submits that his absence in the proceedings was therefore neither willful nor deliberate but on account of not having received the summons and warrants. Learned counsel submits that he seeks just one opportunity to surrender and appear before the trial court, so as to join the trial. Heard the arguments advanced by learned counsel for the parties.

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Before parting with this order, it is made abundantly clear that in case the petitioner does not adhere to the aforesaid, the present petition shall be deemed to have been dismissed without any reference to this Court.

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