Rahul Sood v. State Of Haryana And ORS

 





    
 
 

   





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1.

The present petition has been filed by petitioner seeking quashing of order dated 08.10.2018 (Annexure P-4) whereby the petitioner has been declared as proclaimed person in criminal complaint having NACT No.573-2017 Annexure P-1 titled M/s Abhi Trading Vs. Amira Pure Foods Private Limited and others, under Section 138 NI Act, by the Court of 0"  # 1

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The counsel for the petitioner while referring to order Annexure P-3 dated 10.08.2018 submits that the proclamation of petitioner was issued for 12.09.2018, for his appearance on that date before the Court concerned and the same was received back duly executed on 12.09.2018. That from the perusal of Annexure P-4, it appears that the said proclamation against the petitioner was effected on 07.09.2018. It is further submitted that thus, statutory period of 30 days was not given to the petitioner for his appearance before the Court concerned from the date of publication of proclamation. It is further submitted that in the given circumstances, the impugned order Annexure P-4 is not sustainable and thus, deserves to be set aside. 3.

On the other hand, the State counsel while resisting the present petition submits that there is no illegality or perversity in the impugned order (Annexure P-4).

4.

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For the foregoing reasons, the present petition is allowed and impugned order Annexure P-4 dated 08.10.2018 is hereby set aside, qua the petitioner.

7.

Pending application, if any, stands disposed of.

 

 



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Yogesh Mehta 2024.12.20 16:19 I attest to the accuracy and integrity of this document