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2019 Supreme(HP) 48

VIVEK SINGH THAKUR
Ramesh Sharma – Appellant
Versus
State of H. P. – Respondent


Advocates Appeared:
C.D. Negi, Adv., Shiv Pal Manhans, Adv., R.P. Singh, Adv., R.R. Rahi, Adv., Mukul Sood, Adv.

JUDGMENT :

Vivek Singh Thakur, J.

This petition has been preferred seeking regular bail for the petitioner in case No. 78 of 2017 titled Khub Ram vs. M/s Ramesh and Co. and another filed by respondent No.2 against the petitioner under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as 'NI Act') pending before learned Judicial Magistrate 1st Class, Manali, wherein vide order dated 29.11.2018 petitioner has been remanded for judicial custody for the reasons that after taking cognizance of complaint filed by complainant/respondent No. 2, bailable warrants as well non-bailable warrants issued against the petitioner for different dates were received unexecuted and thereafter proclamation was published against him and after receiving the proclamation report on 25.7.2018, he was declared proclaimed offender and thereafter file was ordered to be consigned to the records.

2. Later on, the police had arrested petitioner from Sundernagar, District Mandi and produced him before learned Judicial Magistrate 1st Class, Manali, District Kullu on 15.11.2018 in case No. 37 of 2017 titled Lot Ram vs. Ramesh and Co. and another whereupon another cases filed by co-villagers under



















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