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2023 Supreme(P&H) 1531

KARAMJIT SINGH
Mukesh Kumar Arora – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
For the Parties : Mr. Ajay Kalra, Mr. Ishnoor Singh, Mr. Vikram Singh, Mr. Naveen Sheoran DAG, Haryana

Table of Content
1. petitioners declared proclaimed persons. (Para 1 , 2 , 3)
2. arguments about validity of orders. (Para 5 , 6)
3. interpretation of section 82 cr.p.c. (Para 7 , 8 , 9)
4. non-compliance vitiates proceedings. (Para 10)
5. orders quashed, petition allowed. (Para 11)

Judgment

Mr. Karamjit Singh, J.

The present petition has been filed by the petitioners under Sections 482 / 483 Cr.P.C. seeking quashing of order dated 29.11.2016 whereby the petitioners were declared proclaimed persons in Complaint Case No. 1037 of 2015 titled Vinod Kumar Vs. Viva D Mohit International , under Section 138 of Negotiable Instruments Act (for brevity, the Act) and order dated 08.01.2020 whereby the learned trial Court directed the concerned SHO to register FIR under Section 174-A IPC against the petitioners.

2. The brief facts of the case are that respondent No.2 Vinod Kumar Gupta filed criminal complaint under Section 138 of the Act against the petitioners wherein the summoning order was passed but as the petitioners failed to appear in the trial Court, proceedings under Section 82 Cr.P.C. were initiated and finally the petitioners were declared as proclaimed persons vide order dated 29.11.20

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