[Cites 4, Cited by 0]
Punjab-Haryana High Court
Ranjeet vs State Of Haryana And Another on 15 January, 2026
CRM-M-1383-2026 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
153 CRM-M-1383-2026 (O & M)
Date of decision: 15.01.2026
RANJEET ....Petitioner
Versus
STATE OF HARYANA AND ANOTHER
...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
Present : Mr. Rishav Jain, Advocate, for the petitioner.
AMAN CHAUDHARY, J. (ORAL)
1. The present petition has been filed under Section 528 BNSS
for quashing the order dated 12.06.2024 passed by learned Judicial
Magistrate Ist Class, Faridabad, in Complaint Case No.NACT-1149/2022,
Annexure P-4, whereby the petitioner has been declared as proclaimed
person.
2. Learned counsel submits that the petitioner was summoned
in a complaint filed under Section 138 of the Negotiable Instruments Act,
wherein, he was never served with any notice/warrants following which
he was declared a proclaimed person, without proper compliance of
provisions of Section 82 Cr.P.C. His absence is neither wilful nor
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
CRM-M-1383-2026
this Court in Gurbir Singh Mundi vs. State of Punjab and another,
CRM-M-49283-2021, decided on 16.12.2021.
3. Notice of motion.
4. On the asking of the Court, Mr. B.S.Saroha, DAG, Haryana,
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,
CRM-M-1383-2026
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
circumstances of the case, the impugned order dated 12.06.2024,
Annexure P-10, is set aside, subject to surrender by the petitioner before
the trial Court on or before 25.01.2026 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.
15.01.2026 (AMAN CHAUDHARY)
ashok JUDGE
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
