[Cites 4, Cited by 0]
Punjab-Haryana High Court
Parmjit Singh Alias Paramjeet Singh vs State Of Punjab And Another on 15 December, 2025
1
CRM-M-70559
70559-2025(O&M)
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
143
CRM-M-70559-20252025 (O&M)
Date of decision: 15.12.2025
.2025
Parmjit Singh @ Paramjeet Singh
....Petitioner
Versus
State of Punjab and another
...Respondents
...Respondent
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
*****
Present : Mr. Amarpreet Singh,, Advocate for the petitioner
petitioner.
*****
AMAN CHAUDHARY, J. (ORAL)
1. Prayer made in the present petition is for quashing the order dated
05.12.2022,, vide which the petitioner was declared as proclaimed person in
Complaint No.COMA/
COMA/1245 of 2022 titled as 'Manjinder
Manjinder Kaur vs. Parmjeet Singh'
Singh
filed under Section 138 of the Negotiable Instruments Act.
2. Learned counsel submits that the petitioner was summoned in a
complaint filed under Section 138 of the Negotiable Instruments Act
Act,, wherein, he
was never served with any notice/warrants and when the police having raided his
house, he became aware of the impugned
impugned order whereby he was declared
proclaimed person,
perso without proper compliance of provisions of Section 82 Cr.P.C.
His absence is neither wilful nor deliberate.
deliberate He is ready and willing to join the
proceedings and prays that one last opportunity may be granted to him to
surrender before the trial Court. To buttress his submission, reliance is placed on
the judgments of this Court in Gurbir Singh Mundi vs. State of Punjab and
another, CRM--M-49283-2021, decided on 16.12.2021.
CRM-M-70559-2025(O&M)
3. Notice of motion.
4. On the asking of the Court, Ms. Gagandeep Kaur, DAG, Punjab,
accepts notice on behalf of the respondent-State and submits that the order passed
against the petitioner is legal and valid on account of the fact that he had absented
from the proceedings before the trial Court without any just cause.
5. No order prejudicial to the rights of the private respondent is being
proposed to be passed by this Court, thus, there is no requirement of effecting
service upon him.
6. Heard.
7. In the case of Gurbir Singh Mundi (supra), it was held that
provisions of Section 82(2) Cr.PC. are to be mandatorily complied with
cumulatively and not alternatively. The Court had quashed the order declaring the
petitioner therein as proclaimed person on the ground that declaration was not read
publicly in some conspicuous place of town or village, in which the accused
ordinarily resides.
8. The very purpose of initiation of proclamation proceedings, is to
compel and secure the presence of the accused to face trial and establish the rule
of law, as also to ensure finalization of the proceedings.
9. Considering the fact that the absence of the petitioner was not wilful
or deliberate and his readiness and willingness to surrender and join the
proceedings, in case one opportunity is granted to the petitioner, no prejudice shall
be caused to any of the parties, rather his joining the proceedings would help in
expediting the trial. This Court in light of the judgment referred to above being
applicable to the instant case, finds that the ends of justice would be adequately
met if the present petition is allowed.
10. In view of the afore-mentioned judgment and the facts and
CRM-M-70559-2025(O&M)
circumstances of the case, the impugned order dated 05.12.2022, Annexure P2, is
set aside, subject to surrender by the petitioner before the trial Court on or before
04.01.2026 and payment of costs of Rs.15,000/- to respondent No.2-complainant.
On furnishing bail/surety bonds, the trial Court shall release him on bail subject to
its satisfaction. He is also directed to furnish an undertaking by way of an affidavit
that he will appear on each and every date of hearing before the trial Court, unless
specifically exempted by the Court. He shall not leave the country without prior
permission of the Court. The trial Court may impose any other condition that it
may deem appropriate in the facts and circumstances of the present case.
11. The petition is disposed of.
12. Before parting with this order, it is made abundantly clear that in case
the petitioner does not adhere to the aforesaid, the present petition shall be deemed
to have been dismissed without any reference to this Court.
(AMAN CHAUDHARY)
JUDGE
15.12.2025
parveen kumar
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
