Punjab-Haryana High Court
Jaskaran Singh vs State Of Punjab And Another on 5 March, 2024
Neutral Citation No:=2024:PHHC:034348
CRM M-22924 of 2023 2024:PHHC:034348 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
272 CRM M-22924 of 2023
Date of Decision: 05.03.2024
Jaskaran Singh ...Petitioner
Versus
State of Punjab and another ... Respondents
CORAM : HON'BLE MR. JUSTICE N.S.SHEKHAWAT
Present : Mr. Armaan Gagneja, Adovcate
for the petitioner (through V.C.).
Mr. Jasjeet Singh, DAG, Punjab.
Mr. Sourabh Bhardwaj, Advocate, for respondent No. 2.
N.S.SHEKHAWAT, J. (Oral)
1. The petitioner has filed the present petition with a prayer
to set aside the order dated 05.01.2023 (Annexure P-10), whereby, the
petitioner has been declared as a proclaimed offender in a complaint
case No. NACT-374-2021, titled as "HDFC Bank Ltd. Vs.
Jaskaran Singh, which was filed by the respondent No. 2 under
Section 138 of the Negotiable Instruments Act 1881 (hereinafter to be
referred as 'the Act').
2. Learned counsel for the petitioner contends that a
complaint under Section 138 of the Act was filed against the
petitioner by respondent No. 2/complainant-bank. Vide order dated
13.09.2021 (Annexure P-1), the Court of Judicial Magistrate 1st Class,
Sri Mukatsar Sahib summoned the petitioner to face the trial under
1 of 5
Neutral Citation No:=2024:PHHC:034348
CRM M-22924 of 2023 2024:PHHC:034348 -2-
Section 138 of the Act. Learned counsel further contends that no
notices/summons were served upon the petitioner and the petitioner
was not aware of any proceedings pending against him. Even, the
summons were never served on the petitioner. Consequently, he could
not appear before the trial Court to face the trial proceedings. Vide
order dated 29.04.2022 (Annexure P-3), the petitioner was summoned
through bailable warrants for 06.06.2022. On 06.06.2022 and
18.08.2022, the non-bailable warrants were issued against the
petitioner. However, the warrants were also never served on the
petitioner. Vide order dated 23.09.2022 (Annexure P-5), the petitioner
was ordered to be summoned through proclamation as per the
provisions of Section 82 of Cr.P.C., for 07.10.2022. On 07.10.2022,
the proclamation issued against the accused was received back
unexecuted and the fresh proclamation was issued against the
petitioner for 10.11.2022. Since, the proclamation could not be issued
against the petitioner, vide order dated 10.11.2022, fresh proclamation
was issued for 13.12.2022. On 13.12.2022, the statement of serving
constable was recorded and he stated that he had gone to the house of
the petitioner on 02.12.2022 and had pasted one copy of proclamation
on the main gate of the house of the petitioner. The copies were also
affixed at a conspicuous place of the village of the petitioner as well
as on the notice board of the Court. However, the period of 30 days
after the proclamation had not yet expired. The case was adjourned to
05.01.2023 for awaiting the presence of the petitioner. Learned
2 of 5
Neutral Citation No:=2024:PHHC:034348
CRM M-22924 of 2023 2024:PHHC:034348 -3-
counsel further submitted that since the mandatory period of 30 days
was not provided to the petitioner to appear before the Court, the
impugned order was illegal and unjust.
3. On the other hand, learned State counsel has vehemently
opposed the submissions made by learned counsel for the petitioner.
However, he could not dispute the above referred chronology of
events and the orders passed by the trial Court before declaring the
petitioner as proclaimed offender.
4. I have heard learned counsel for the parties and perused
the record.
5. Section 82(1) Cr.P.C., 1973 mandates that a period of not
less than 30 days has to be provided for causing appearance from the
date of publication of such proclamation. This Court in Ashok
Kumar v. State of Haryana 2013(4) RCR (Criminal) 550 while
interpreting the provisions of Section 82(1) has held that a clear
period of 30 days is required to be furnished to the accused and that
even in case the Court subsequently adjourned the matter such
adjournment beyond 30 days cannot be treated as compliance of
provisions of Section 82(1) Cr.P.C., 1973. The relevant extract from
the cited judgment reads as follows:-
"4. In view of the above provisions of Section 82(1)
Cr.P.C., 1973 it is clear that the publication was effected
on 9.2.2013 and the accused was directed to appear in
3 of 5
Neutral Citation No:=2024:PHHC:034348
CRM M-22924 of 2023 2024:PHHC:034348 -4-
the Court as per that publication on 6.3.2013 which
period was less than 30 days. Therefore, it cannot be
held that by passing the impugned order on 13.3.2013,
the publication has been effected as per the provisions of
Section 82 Cr.P.C., 1973. There was no order in the
publication for the accused giving specified time and
place to appear on 13.3.2013. Therefore, this order is
not as per law and the same is set aside."
6. In view of the above factual position, it is apparent that
the proclamation in the present case was issued on 02.12.2022 for
appearance before the Court on 13.12.2022 and only a period of 11
days was afforded for causing appearance before the trial Court, after
the proclamation was affixed. Thus, in view of the mandatory
provisions of Section 82 Cr.P.C., the impugned order dated
05.01.2023 (Annexure P-10) passed by the Judicial Magistrate 1st
Class, Sri Mukatsar Sahib is hereby set aside and the petition is
allowed.
7. Since, the petitioner has not appeared before the trial
Court, he is directed to appear before the trial Court within a period of
six weeks from today.
8. Needless to say, the petitioner shall be at liberty to apply
for grant of bail in terms of the provisions contained in Chapter
XXXIII of the Code of Criminal Procedure.
4 of 5
Neutral Citation No:=2024:PHHC:034348
CRM M-22924 of 2023 2024:PHHC:034348 -5-
9. Since the complaint was filed by the respondent
No.2/complainant, in August 2021, the trial Court is directed to
conclude the trial expeditiously, preferably within a period of 08
months from today.
05.03.2024 (N.S.SHEKHAWAT)
amit rana JUDGE
Whether reasoned/speaking : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2024:PHHC:034348
5 of 5
