The main legal point established in the judgment is that the order declaring a person as a proclaimed offender must follow the proper procedure prescribed under the Code of Criminal Procedure, and the provisions for declaring a person as a proclaimed offender are specific to certain offences.

ARUN MONGA, J.

The instant petition has been filed under Section 482 of Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) seeking quashing of FIR No.290 dated 11.09.2019 (Annexure P-3), registered under Section 174-A of the Indian Penal Code, 1860 (for short ‘IPC’), at Police Station Sadar Tarn Taran, District Tarn Taran and all consequential proceedings arising there from out of said FIR and quashing of order dated 12.06.2019 (Annexure P-2) passed by learned Chief Judicial Magistrate, Tarn Taran whereby petitioner was declared a proclaimed person.

2. Succinct facts first, as pleaded in the petition;

2.1. Present petitioner availed loan from the Tarn Taran Primary Co-operative Agriculture Development Bank Ltd, Tarn Taran (for short ‘Bank’) regarding which he issued few security cheques. On account of delay in loan payments, the aforesaid bank presented cheque bearing no. 083611 dated 19.12.2017 for an amount of Rs.1,47,680/- which was dishonoured on account of ‘funds insufficient and dormant account’ vide memo dated 20.12.2017.

2.2 Bank filed a criminal complaint under Section 138 of Negotiable Instruments Act against the present petitioner. Though the aforesaid criminal complaint was filed by the aforesaid bank against the present petitioner, but the petitioner was not aware about the pendency of aforesaid criminal complaint due to which neither the petitioner could appear before the ld. Trial Court nor engaged any counsel on his behalf. Ultimately, the present petitioner was declared as a proclaimed offender vide order dated 12.06.2019 (Annexure P-2), passed by ld. Chief Judicial Magistrate, Tarn Taran. Thereafter on the directions of ld. Trial court, FIR No. 290 dated 11.09.2019 (Annexure P-3) U/s 174-A IPC, 1860 was registered at Police Station Sadar Tarn Taran against the present petitioner.

2.3 Petitioner approached the bank and settled the loan account upon which the bank suffered a statement before ld. Trial Court not to continue with the complaint. Accordingly, the complaint filed by the bank under Section 138 of the Negotiable Instruments Act against the present petitioner was dismissed as withdrawn and the present petitioner was acquitted of charges framed against him. Bank also issued a certificate dated 09.06.2023 (Annexure P-5) stating that loan account of the present petitioner has been paid in full and the said loan account has been closed by the bank.

3. Learned counsel for the petitioner submits that FIR under Section 174-A IPC was registered against the petitioner. He further contends that matter stands settled as entire loan amount has been paid to the bank. Learned counsel for petitioner further urges that impugned order dated 12.06.2019 (Annexure P-2) passed by learned Chief Judicial Magistrate, Tarn Taran while declaring petitioner as a proclaimed person was passed without following the proper procedure prescribed under Sections 82 and 83 of the Code of Criminal Procedure, 1973. Further argues that no useful purpose would be served by keeping the present proceedings pending.

4. Learned counsel for the petitioner refers to copy of order dated 06.02.2020 (Annexure P-4) to contend that on the statement of learned counsel for the complainant, main complaint under Section 138 of the Negotiable Instruments Act, 1881 was dismissed as withdrawn and petitioner was acquitted of the charges framed against him.

5. Notice of motion.

6. On advance service of copy of petition, learned State counsel appears and accepts notice. He on instructions from ASI Kuldeep Singh, opposes the petition and submits that order declaring petitioner as a proclaimed person has rightly been passed. He further submits that the offence under Section 174A IPC is independent of the main case.

7. Arguments heard.

7.1 Vide order dated 12.06.2019 (Annexure P-2) passed by learned Chief Judicial Magistrate, Tarn Taran, recorded its satisfaction that the accused-petitioner had absconded, declared him proclaimed offenders and directed that intimation be s