Baljit Singh v. State Of Punjab And Another

2024:PHHC:021748

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-58985-2023 Date of Decision : February 15, 2024 BALJIT SINGH -PETITIONER V/S STATE OF PUNJAB AND ANOTHER -RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Sumeet Puri, Advocate (through V.C.) for the petitioner.

*** KULDEEP TIWARI, J. (ORAL) 1.

Through the instant petition, as instituted under Section 482 of the Cr.P.C., the petitioner seeks quashing of the order dated 16.08.2023 (Annexure P-2), whereby, he has been declared as "Proclaimed Person" in the proceedings emanating from Complaint No. NACT/87/2020, filed under Section 138 of the Negotiable Instruments Act. 2.

Though the learned counsel for the petitioner has herein challenged the impugned order (Annexure P-2), however, he could not cite any illegality or perversity therein. Therefore, he submits that the petitioner is ready and willing to join the trial proceedings, in case he is granted adequate protection.

3.

Considering the innocuous prayer of the learned counsel for the petitioner, coupled with the fact that the underlying object behind declaring any person as "Proclaimed Person/Offender" is to secure his presence for facing trial, though this Court does not find any illegality or perversity in the impugned order (Annexure P-2), however, taking a lenient view, this Court, at this stage, deems it appropriate to grant an DEVINDER YADAV 2024.02.16 09:21 I attest to the accuracy and authenticity of this order/judgment

CRM-M-58985-2023 2024:PHHC:021748 opportunity to the petitioner to appear before the learned trial Court concerned.

4.

Consequently, the instant petition is disposed of with a direction to the petitioner to, within 15 days from today, appear before the learned trial Court concerned. Moreover, in case, the petitioner appears before the learned trial Court concerned and makes an application for grant of bail, the latter shall make an endeavour to decide the said application most expeditiously, i.e. on the same day, however, after granting adequate opportunity of hearing to the other party. The arrest of the petitioner shall remain stayed only for the next 15 days. 5.

It is clarified that, in case, the petitioner fails to appear before the learned trial Court concerned with the above stipulated period, the protection granted hereinabove qua his arrest shall stand automatically vacated, without any further reference to this Court. (KULDEEP TIWARI) February 15, 2024 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No DEVINDER YADAV 2024.02.16 09:21 I attest to the accuracy and authenticity of this order/judgment