Punjab & Haryana HC quashes Order which declared accused as proclaimed offender in case relating to Negotiable Instruments Act

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Read Order: Sarish Mittal and another v. Union Territory of Chandigarh and others

LE Staff

Chandigarh, October 19, 2021: In a case pertaining to the Negotiable Instruments Act, 1881, the Punjab and Haryana High Court has quashed and set aside an Order declaring accused as proclaimed offender.

The Petition in question sought quashing of order declaring the petitioner as proclaimed offender and the petitioner had come before this Court under Section 482 of the Cr.P.C. 

The second respondent had filed a complaint against the petitioners/accused under Sections 138, 141 and 142 of the Negotiable Instruments Act, 1881.

By the impugned order dated April 7,2021 the JMIC, Chandigarh had declared the accused as proclaimed offender under Section 82 Cr.P.C. Challenging the said order, the petitioners filed the present petition on the grounds that they were not aware of the dates for appearance.

Without going into the final details, the Bench of Justice Anoop Chitkara opined that keeping in view the Covid-19 Pandemic and prevalent fear amongst the people coupled with the grounds of the petitions, no prejudice would be caused to the complainant in case the impugned order of proclamation was quashed and set aside.

Hence, the Bench allowed the Petition. The impugned order of proclamation was quashed and set aside subject to the condition that the petitioners would have to put in appearance before the trial Court on November 1,2021 and in case for any reasons, they could not appear on the said date, then they would have to positively appear on November 8,2021. It shall be recalling of the main order under Section 362 Cr.P.C., noted the Bench.

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