Punjab-Haryana High Court
M/S Classical Lighting Industry vs State Of Punjab And Another on 15 January, 2024
REENA
2024:PHHC:004811
128
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl. Misc. No. M-60035 of 2023
Date of Decision: January 15, 2024
M/s Classical Lighting Industry
beeen Petitioner
versus
State of Punjab and another
seve Respondents
CORAM: HON'BLE MR.JUSTICE HARPREET SINGH BRAR
kee
Present:- Mr. Neeraj Jain, Advocate
for the petitioner
2k
Harpreet Singh Brar, J. (Oral)
1. The petitioner has approached this Court under Section 482 Cr.P.C.
seeking quashing of impugned order dated 05.09.2023 (Annexure P-2) passed by
Judicial Magistrate 1* Class, Rajpura vide which proceedings of proclamation were
issued against the petitioner in case No. COMA-584 of 2017 filed on 11.08.2017.
2. Brief facts of the case are that the petitioner issued a cheque No.
077741 dated 28.03.2017 of Rs. 57,771/-. The complainant-respondent No. 2
deposited the cheque in his bank UCO Bank Dera Bassi and the same was
dishonoured by the said Bank with remarks due to 'Exceeds Arrangement' vide
Memo Dated 20.06.2017, whereas petitioner failed to pay the said amount on time.
3. Learned counsel for the petitioner contends that the petitioner
appeared on every date since 2018 but due to miscommunication with the counsel
he did not appear before the trial Court and vide order dated 05.09.2023 he was
declared Proclaimed Offender. The petitioner has given a security cheque to
respondent No. 2 and he has submitted the same in the above mentioned Bank and
got dishonoured without intimation to the petitioner, thereafter the respondent filed
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five different complaints against the petitioner. The petitioner is ready to resolve
the issue with the respondent.
4. Notice of motion to the official respondent only.
5. Mr. Subhash Godara, Addl. A.G. Punjab accepts notice on behalf of
the respondent-State.
6. I have heard learned counsel for the parties and perused the record of
the case with their able assistance.
7. While the scheme of criminal justice system necessitates curtailment
of personal liberty to some extent, it is of the utmost importance that the same is
done in line with the procedure established by law to maintain a healthy balance
between personal liberty of the individual-accused and interests of the society in
promoting law and order. Such procedure must be compatible with Article 21 of
the Constitution of India i.e. it must be fair, just and not suffer from the vice of
arbitrariness or unreasonableness.
8. This Court in the judgment passed in Major Singh @ Major Vs. State
of Punjab 2023 (3) RCR (Criminal) 406; 2023 (2) Law Herald 1506 has held that
the Court is first required to record its satisfaction before issuance of process under
Section 82 Cr.P.C. and non-recording of the satisfaction itself makes such order
suffering from incurable illegality. In the judgment passed by this Court in Sonu
vs. State of Haryana 2021 (1) RCR (Cri.) 319, it has been held that the conditions
specified in Section 82 (2) Cr.P.C. for the publication of a proclamation against an
absconder are mandatory in nature. Any non-compliance therewith cannot be cured
as an 'irregularity' and renders the proclamation as nullity.
9. The sole purpose of issuance of non-bailable warrants or issuance
of proclamation is to secure presence of the accused before the trial Court. The
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2024:PHHC:004811
petitioner in the present case has himself come forward and has undertaken to
appear before the trial Court on each and every date.
10. In view of the aforesaid facts and circumstances, the present petition is
allowed and the impugned order dated 05.09.2023 vide which the petitioner was
declared proclaimed offender is hereby set aside. The petitioner is directed to
appear before the trial Court within a period of four weeks from today and on his
doing so, he shall be admitted to bail on his furnishing bail bonds and surety bonds
to the satisfaction of the trial Court, along with costs of Rs. 10,000/- to be
deposited with the District Legal Services Authority, Patiala, for wasting precious
time of the Court.
(HARPREET SINGH BRAR)
JUDGE
January 15, 2024
Feeng
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
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integrity of this order/ judgment
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