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2023 Supreme(P&H) 949

DEEPAK GUPTA
Roshan Lal – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
Mr. Vikram Singh, Advocate for the petitioner.
Mr. Parveen Kumar Aggarwal, DAG, Haryana.

DEEPAK GUPTA, J.

1. Reply to the application has not been filed.

2. As requested by learned counsel for the petitioner, the main petition, which is fixed for 23.05.2023, is taken on Board for hearing today itself.

3. Complaint case bearing NACT No.101 of 2019, titled as “Jeet Singh v Roshan Lal” under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred as ‘the N.I. Act’) was filed by one Jeet Singh, in which accused Roshan Lal (now petitioner) was declared proclaimed person, vide order dated 03.03.2022 (Annexure P-2). However, petitioner surrendered before the Trial Court on 16.04.2022 and after noticing that he had not appeared earlier and since the offence in question is bailable, he was admitted to regular bail. Later on, FIR No.378, dated 10.05.2022 under Section 174-A IPC was registered against the petitioner on the basis of the order dated 03.03.2022, whereby petitioner was declared proclaimed person.

4. Learned counsel for the petitioner has referred to the judgment of a co-ordinate Bench of this Court in case of “Rahul Dureja and another v State of Punjab”, reported as 2022(1) R.C.R.(Criminal) 248, wherein it was held by this Court that once an accused per

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