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2014 Supreme(Del) 2654

SUNIL GAUR
Akhilesh Kumar – Appellant
Versus
State & Anr. – Respondent


Advocates Appeared:
For the Petitioner:Pramod Kumar Dubey, Mr. Jivesh, Mr. Hemant Shah, Mr. Shiv Chopra and Mr. Shiv Pande, Advocates.
For the Respondent-State: Vinod Diwakar, Additional Public Prosecutor.

Sunil Gaur, J.:--

1. Quashing of criminal complaint No. 224/1/13, under Section 138 of The Negotiable Instruments Act, 1881 and summoning order 27th June, 2012 and order of 7th November, 2013 declaring petitioner as Proclaimed Offender is sought in this petition.

2. Learned counsel for petitioner submits that petitioner has been wrongly arrayed as accused in the complaint in question and impugned order of 7th November, 2014 directing issuance of process under Section 82 of Cr.P.C. against petitioner is unwarranted.

3. Upon hearing and on perusal of complaint in question and impugned order, I find that the quashing of this complaint is sought on merits. Since petitioner has been declared Proclaimed Offender by trial court, therefore, this petition for quashing of complaint in question on merits is not being entertained with liberty to petitioner to seek recalling of impugned order of 7th November, 2013 before the trial Court.

4. Learned counsel for petitioner submits that matter is now fixed on 5th March, 2014 before trial court for framing of Notice under Section 251 Cr.P.C. and recalling of impugned order of 7th November, 2013 would be sought within a week.

5. Till aforesaid applicatio


















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