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2023 Supreme(P&H) 316

SUVIR SEHGAL
Yash Paul – Appellant
Versus
State of Punjab – Respondent


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

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, pe

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