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2023 Supreme(P&H) 594

HARKESH MANUJA
Amritpal Singh – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
Mr. Mandeep Singh Sachdev, Advocate, for the Appellant; Mr. Ravinder Singh, AAG., Punjab., for the Respondent

JUDGMENT

Harkesh Manuja, J. (Oral) - By way of present petition filed under Section 482 Cr.P.C., prayer has been made for quashing of FIR No.42 dated 08.03.2023 under Section 174-A of IPC registered at P. S. Division No.5, Jalandhar as well as other subsequent proceedings arising therefrom.

2. On account of dishonor of cheque bearing No.025353 dated 07.07.2015 a complaint under Section 138 of the Negotiable Instruments Act, 1881 (herein after referred to as 'the Act') came to be filed against the petitioner followed by passing of summoning order dated 21.10.2015. Having failed to appear before the trial Court, the petitioner was declared as proclaimed person vide order dated 09.06.2016.

3. The factum of passing of summoning order having brought to the notice of the petitioner, he appeared before the trial Court and was granted concession of regular bail vide order 30.03.2018. Though, by that time, FIR No.42 dated 08.03.2018 was registered against him under Section 174-A IPC. The petitioner was granted concession of anticipatory bail in the aforementioned FIR vide order dated 05.07.2018 and is facing trial.

4. Referring to the order passed by the trial Court preceding the declaration of

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