Back
DELHI HIGH COURT
MANOJ KUMAR OHRI
Rajeev Kumar – Appellant
Versus
Surender Kumar Bansal – Respondent
| Table of Content |
|---|
| 1. purpose of process under section 82 cr.p.c. (Para 1 , 3 , 8) |
| 2. background of the case and settlement (Para 2 , 4 , 5 , 6 , 7) |
| 3. reiteration of established legal position (Para 9 , 10) |
| 4. conclusion and directions of the court (Para 11 , 12 , 13) |
JUDGMENT
Manoj Kumar Ohri, J. (Oral)
CRL.M.A. 20101/2021 (Exemption)
Allowed, subject to all just exceptions.
The application stands disposed of.
CRL.M.C. 3270/2021
1. The present petition has been filed under Article 227 of the Constitution of India read with Section 482 Cr.P.C. on behalf of the petitioner assailing the order dated 16.11.2021 passed by the learned Addl. Sessions Jugde-02, Patiala House Courts, New Delhi in CR No. 13/2020 arising out of CC No. 1952/2017 filed under Sections 138/141 NI Act, whereby process under Section 82 Cr.P.C. has been issued against the petitioner.
2. Learned counsel for the petitioner submits that vide judgment dated 10.01.2020, the petitioner was convicted by the Trial Court for the offence punishable under Section 138 NI Act and the same was assailed before the Sessions Court by way of an appeal, however, due to the petitioner's non-appearance, proceedings under Section 82 Cr.P.C
The proceedings under Sections 82 and 83 Cr.P.C. are solely for the purpose of securing the accused's presence in court.
The court recognized the importance of settlement agreements and allowed the petitioner to seek a recall of the non-bailable warrant while keeping it in abeyance pending the trial court’s decision.
The court emphasized the need for parties to actively engage in proceedings, noting that continuous non-appearance and attempts to evade trial unjustifiably delay justice.
Initiating proceedings under Section 82 Cr.P.C. requires adherence to legal standards; mere absence from court does not justify such measures.
The deliberate misuse of bail and failure to challenge previous orders can justify the issuance of process under Section 82 of Cr.P.C., while the lack of reason and material can lead to the setting a....
The central legal point established in the judgment is that the Trial Court erred in rejecting the application for issue of proclamation under sec. 82 of Cr.P.C. and stopping further proceedings unde....
Orders under Section 82 Cr.P.C. must not be issued mechanically; accused should be given the opportunity to appear before the court to avoid being treated as absconders.
The Trial Court should have allowed the application for issue of proclamation under sec. 82 of Cr.P.C. to proceed further in accordance with law.
The main legal point established in the judgment is that the provisions of Section 82 Cr.P.C. cannot be initiated in a routine manner and pre-requisites of Section 82 Cr.P.C. need to be complied with....
Accused must show willingness to pay interest and costs to be considered for discharge under Section 138 of the NI Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
