Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 316

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUVIR SEHGAL, J.
Yash Paul - Petitioner
Versus
State of Punjab and Others - Respondents
CRM-M Nos. 1891, 1892 of 2023
Decided On : 13-07-2023

Advocates Appeared:
For the Petitioner:Mr. Sachin Kalia, Advocate for Mr. R.S. Bajaj.
For the Respondent: Mr. A.P.S. Tung, DAG, Punjab,

The main legal point established in the judgment is that once an accused has appeared before the trial court and joined the proceedings, the objective of securing the presence of the accused under Section 82 of the Code of Criminal Procedure stands achieved, and the accused cannot be treated as an absconder or a Proclaimed Offender.

Headnote:
Section 482 - Quashing of Proclaimed Offender Order - The court allowed the petition and set aside the impugned order declaring the petitioner as a Proclaimed Offender under Section 138 of the Negotiable Instruments Act, 1881, as the accused had joined the proceedings and was appearing before the trial court, thereby achieving the objective of securing the presence of the accused.
Fact of the Case:

The petitioner filed a petition under Section 482 of the Code of Criminal Procedure to quash the order declaring him as a Proclaimed Offender in a case related to dishonour of a cheque due to insufficient funds. The petitioner had appeared before the trial court, but was declared a Proclaimed Offender while abroad.
Finding of the Court:

The court found that the objective of Section 82 of the Code of Criminal Procedure, which is to secure the presence of the accused, was achieved as the accused had joined the proceedings and was appearing before the trial court. Therefore, the petition was allowed, and the impugned order was set aside.
Issues: The main issue was whether the petitioner, who had joined the proceedings and was appearing before the trial court, could still be treated as an absconder or a Proclaimed Offender.
Ratio Decidendi: The court interpreted Section 82 of the Code of Criminal Procedure and held that once an accused has appeared before the trial court and joined the proceedings, the objective of securing the presence of the accused stands achieved.
Final Decision: The petition was allowed, and the impugned order declaring the petitioner as a Proclaimed Offender was set aside.

JUDGMENT :

SUVIR SEHGAL, J.

1. This order shall dispose of CRM-M-1891-2023 titled as Yash Paul Versus State of Punjab and others and CRM-M-1892-2023 titled as Yash Paul Versus State of Punjab and others. For the sake of convenience, facts are being taken from CRM-M-1891-2023.

2. Counsel for the petitioner has placed on record a photocopy of the publication made in The Tribune, Jalandhar Edition on 22.05.2023 in compliance of order dated 12.04.2023.

3. Despite publication, there is to appearance on behalf of respondents No.2 and 3. Accordingly, they are proceeded against ex parte.

4. Instant petition has been filed under Section 482 of Code of Criminal Procedure for quashing order dated 03.02.2012, Annexure P-2, whereby petitioner has been declared as a Proclaimed Offender by the trial court in Criminal Complaint No.3378/2/11 dated 21.02.2004 filed under Section 138 of the Negotiable Instruments Act, 1881.

5. Counsel for the petitioner submits that the private respondents had instituted a complaint, Annexure P-1, against the petitioner on account of dishonour of cheque of Rs. 5 lacs for insufficient funds, although, cheque had been issued as security. He submits that on being summoned, petitioner appeared before that trial court and was released on bail. Counsel asserts that due to loss in business, he shifted to USA, where he met with a road accident, remained confined to bed and could not return back to his home country. By virtue of impugned order, which was passed when the was abroad, he was declared a proclaimed offender. Still further, he submits that pursuant to interim order dated 10.03.2023 passed by this Court, petitioner has surrender before the trial court, joined the proceedings and has been released on interim bail by order dated 20.03.2023, Annexure P-13, passed by the trial court.

6. Heard counsel for the parties.

7. The objective of Section 82 of the Code of Criminal Procedure is to secure the presence of the accused. Once an accused has appeared before the trial court and joined the proceedings, the objective stands achieved. In view of this development, the accused-petitioner can no longer be treated as an absconder or a Proclaimed Offender.

8. As the petitioner had joined the proceedings and is appearing before the trial court, petition is allowed and impugned order dated 03.02.2012, Annexure P-2, is set aside.

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