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Punjab and Haryana High Court
Decided on: 01.12.2022

Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 482 – Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 142 – Cheque bounce case -- Quashing of order declaring accused proclaimed person – Submitted that the petitioner was never served with the summons and has now come to know about the pendency of the complaint and he is ready to surrender before the trial Court and face the trial -- Issuance of notice of motion to respondents dispensed with, petition allowed, impugned order declaring the petitioner a proclaimed persons, set aside -- Petitioner directed to appear before the trial Court within a period of 15 days and on doing so, the trial Court will release him on bail -- Till then arrest stayed.

(Para 1-5)

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Amit Kumar Tyagi v. State of Haryana and another (P&H HC)
(2022) Law Today Live Doc. Id. 17269 = 2023(1) L.A.R. 251
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Punjab and Haryana High Court
Before: Arvind Singh Sangwan, J.
CRM-M-55681 of 2022

Decided on: 01.12.2022
Amit Kumar Tyagi - Petitioner
Versus
State of Haryana and another - Respondents

Present:

Mr. Chouhan S. S. Sisodia, Advocate for the petitioner.

Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 482 – Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 142 – Cheque bounce case -- Quashing of order declaring accused proclaimed person – Submitted that the petitioner was never served with the summons and has now come to know about the pendency of the complaint and he is ready to surrender before the trial Court and face the trial -- Issuance of notice of motion to respondents dispensed with, petition allowed, impugned order declaring the petitioner a proclaimed persons, set aside -- Petitioner directed to appear before the trial Court within a period of 15 days and on doing so, the trial Court will release him on bail -- Till then arrest stayed.

(Para 1-5)

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ARVIND SINGH SANGWAN, J. (ORAL) –

1. Prayer in this petition is for quashing of order dated 18.07.2022, passed by the trial Court, vide which the petitioner has been declared a proclaimed person in the proceedings under complaint No. NIACT-88751-2019, filed under Sections 138 and 142 of the N. I. Act, titled as Sandeep Kumar vs. M/s Vasudha and others.

2. Learned counsel for the petitioner submits that the petitioner was never served with the summons and has now come to know about the pendency of the aforesaid complaint. It is further submitted that the petitioner is ready to surrender before the trial Court and face the trial.

3. After hearing learned counsel for the petitioner and considering the limited prayer made by the petitioner, the issuance of notice of motion to respondents is dispensed with at this stage, in order to avoid any further delay in disposal of the trial and the present petition is allowed and the impugned order dated 18.07.2022, declaring the petitioner a proclaimed persons, is hereby set aside.

4. The petitioner is directed to appear before the trial Court within a period of 15 days from today and on doing so, the trial Court will release him on bail, subject to his furnishing bail/surety bonds to its satisfaction.

5. Till the time the petitioner appears before the trial Court, his arrest shall remain stayed.

Petition allowed.

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