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2023 Supreme(P&H) 1444

HARKESH MANUJA
Tirlok Chand – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
For the Parties : Mr. Kunal Dawar, Mr. Gaurav Bansal DAG, Haryana, Mr. Sandeep S. Majithia

Judgment

Mr. Harkesh Manuja J.

By way of present petition filed under Section 482 Cr.P.C., prayer has been made for seeking quashing of order dated 20.02.2023 passed by the court of learned Judicial Magistrate Ist Class, Karnal, whereby the petitioner was declared as a proclaimed person.

2. In pursuance to a complaint filed under Sections 138 and 142 of the Negotiable Instruments Act, 1881 (herein after referred to as “NI Act”) at the instance of respondent No.2, petitioner was summoned vide order dated 20.10.2016. During trial, the petitioner was declared as proclaimed person by the learned trial court vide order dated 20.02.2023, followed by registration of FIR No.374 dated 01.03.2023, under Section 174-A, Police Station Karnal, Civil Lines.

3. By way of present petition, aforesaid order has been impugned at the instance of petitioner.

4. Learned counsel for the petitioner submits that the proclamation under Section 82 Cr.P.C. was ordered against the petitioner by the learned trial court on 08.12.2022 with 18.01.2023 being the date for appearance. He further submits that on 18.01.2023, the trial court despite having recorded that the proclamation under Section 82 Cr.P.C. stood

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