Resident Of Village Pawala vs Unknown
2021 Latest Caselaw 4568 HP

      IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.




                                                                          .
                 ON THE 16th DAY OF SEPTEMBER, 2021





                                      BEFORE
             HON'BLE MR. JUSTICE VIVEK SINGH THAKUR





   CRIMINAL MISC.PETITION (MAIN) U/S 482 CR.PC NO.283 OF
                           2020
Between:-


 SH. RAJINDER SINGH,
 S/O SHRI RASIL SINGH,
 AGED ABOUT 66 YEARS,
 R/O VPO REHLU, TEH.SHAHPUR,

 DISTT. KANGRA H.P. AT PRESENTLY


 RESIDENT OF VILLAGE PAWALA,
 PO DURGELLA, TEH. SHAHPUR, DISTT. KANGRA HP
                                          ...PETITIONER
(BY MS. KIRAN DHIMAN, ADVOCATE)



AND
1. STATE OF HIMACHAL PRADESH




   THROUGH SECRETARY HOME TO
   THE GOVERNMENT OF HIMACHAL
   PRADESH, SHIMLA-2





 2. SUPERINTENDENT OF POLICE,
    MANDI, DISTT. MANDI HP





 3. SHRI JITENDER KUMAR,
    S/O SHRI SHAKTI CHAND,
    R/O VILLAGE MATHAD, P.O. RATTI,
    TEHSIL BALH, DISTT. MANDI HP                              ...RESPONDENTS

(NONE)
Whether approved for reporting?
This Petition coming on for admission this day, this Court delivered the following:




                                                         ::: Downloaded on - 31/01/2022 23:05:04 :::CIS
                                   2




                          JUDGMENT

.

Present petition has been filed against order dated

19.3.2020 whereby petitioner has been declared proclaimed

offender.

2 Respondent No.3 has filed a complaint against

petitioner under Section 138 of Negotiable Instrument Act wherein

petitioner could not be served and therefore, provisions of Section

82 of Cr.PC were invoked against him for declaring him Proclaimed

Offender. For the material placed before me, I find no infirmity,

irregularity or illegality in the impugned order passed by trial Court,

warranting interference of this Court.

3 However, taking a lenient view, one opportunity is

granted to the petitioner to join the proceedings before the trial

Court and therefore, present petition is disposed of with direction to

petitioner to appear before trial Court i.e. Judicial Magistrate First

Class, Court No.2, Mandi H.P. on 30th September, 2021 and to

explain the reasons for his absence in accordance with law with

prayer to set aside the proclamation issued against him. The trial

Court shall consider the plea of petitioner on its own merits without

being influenced by any comment or observation passed by this

Court in this order.

.

4 Till 30th September, 2021, petitioner shall not be

arrested in execution of proclamation issued against him vide

impugned order dated 19.3.2020 passed in NI Act No. 39-III of

2019, titled Jitender Kumar vs. Rajinder Singh.

Copy of this order be transmitted to trial Court

immediately for necessary compliance. Petition stands disposed of.

All pending miscellaneous application(s) also stand disposed of.

September 16, 2021                   (Vivek Singh Thakur)
(ms)                                        Judge