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ARUN MONGA
Surendra Sharma S/o Sardul Sharma – Appellant
Versus
State Of Rajasthan, Through PP – Respondent
ORDER :
ARUN MONGA, J.
1. Quashing of an order dated 11.06.2024 passed by the learned Additional Sessions Judge No.1, Udaipur, is sought herein. Vide impugned order, a non-bailable warrant was issued against the petitioner. Subsequently, due to petitioner’s non-availability, another order dated 23.02.2024 was passed by the learned Special Judicial Magistrate (N.I. Act Cases) No.6, Udaipur, to initiate proceedings under Sections 82 & 83 of Cr.P.C., which is also assailed herein.
2. Briefly speaking relevant facts leading to filing of instant petition are that Respondent No.2 (complainant) filed a complaint u/s 138 of N.I. Act against the petitioner for dishonor of a cheque issued to him for an amount of Rs.12,50,000/-. On the basis of the aforesaid complaint, the learned trial court took cognizance and issued summons to the petitioner.
2.1 Thereafter, charges were framed and on 13/09/23, the complainant's evidence was concluded. The matter was then scheduled for recording the petitioner/accused’s statement. However, on 08/11/23, the petitioner's counsel filed an application seeking exemption of personal presence of petitioner. He sought adjournment due to the petitioner's absence, citin
The court established that the procedural safeguards under Sections 82 and 83 of the Cr.P.C. must be strictly followed to protect the personal liberty of individuals before declaring them as proclaim....
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