Jatinder Kumar v. State Of Punjab And Another

CRM-M-57273-2024 1

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Sr. No.117 CRM-M-57273-2024 Date of decision : 18.11.2024 JATINDER KUMAR ..... Petitioner

VERSUS

STATE OF PUNJAB AND ANOTHER ..... Respondents CORAM: HON'BLE MS. JUSTICE KIRTI SINGH

Present:

Mr. Ritesh Pandey, Advocate, for the petitioner. ***** KIRTI SINGH, J. (Oral) 1.

Prayer in the present petition under Section 528 of BNSS, 2023 is for quashing of the order dated 15.03.2024 (Annexure P-2), vide which the petitioner has been declared as proclaimed person in a criminal complaint filed under Section 138 of Negotiable Instruments Act bearing No.NACT/373/2022 dated 03.12.2022 titled as 'Mohit Gogna Vs. Jatinder Kumar' pending in the Court of learned JMIC Dasuya. 2.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. He submits that a false complaint was filed against the petitioner under Section 138 of the Negotiable Instruments Act on the allegations that the petitioner approached the complainant and obtained a friendly loan amounting to Rs. 7,00,000. It is alleged that the petitioner issued a cheque for Rs. 7,00,000, drawn on Kotak Mahindra Bank, Sunder Plaza, Hoshiarpur, to discharge his purported legal liability and on presentation of cheque, the same was bounced. He further submits that the petitioner was not aware about the pendency of the case and thus, he was wrongly been declared as proclaimed person by the learned trial Court. He further submits that the petitioner was not served due to change of

CRM-M-57273-2024 2 his residential address. Thus, the mandatory provisions of Section 82 of Cr.P.C. have not been complied with and the petitioner is ready to appear before the trial Court and abide by all the terms and conditions imposed upon him by the trial Court.

3.

Notice of motion to the official respondents at this stage. 4.

At asking of the Court, Mr. Vinay Kumar, DAG, Punjab, accepts notice on behalf of respondent No.1-State and has opposed the present petition. He submits that the trial Court has correctly passed the order dated 15.03.2024 (Annexure P-2) against the petitioner. 5.

Heard the rival submissions made by learned counsel for the parties.

6.

The objective of the coercive mechanism prescribed under the Code of Criminal Procedure is to ensure that the accused remains present before the Court to receive the orders and punishments as are passed qua the accused. If the accused shows his sincere intention and desire to appear before the Court, then it would not be unjustified to protect him from being arrested.

7.

On hearing learned counsel for the parties and perusing the record, it is apparent that the petitioner was not served in compliance of mandatory provisions of Section 82 Cr.P.C. as the non-bailable warrants and proclamation were not executed at the residential address of the petitioner due to which he could not appear before the trial Court and on account of the same, he has been declared as proclaimed person. The petitioner is ready to appear before the trial Court and face the trial. 8.

This Court finds that no useful purpose will be served by sending the petitioner in custody. Accordingly, the present petition is allowed and order dated 15.03.2024 (Annexure P-2) is hereby set aside

CRM-M-57273-2024 3 subject to payment of cost of Rs.10,000/- by the petitioner to be deposited with the Poor Patient Welfare Fund, PGIMER Chandigarh within a period of 15 days from today. The petitioner after depositing the cost as stated above would appear before the trial Court concerned on the next date and file appropriate application along with receipt of payment of cost. The trial Court would release the petitioner on bail to its satisfaction. No coercive action would be taken against the petitioner till the next date. In case, the petitioner failed to appear before the trial Court or failed to deposit the cost as stated above, this order would be of no avail to the petitioner.

(KIRTI SINGH) JUDGE 18.11.2024 Kavita Whether speaking / reasoned Yes/No Whether Reportable Yes/No