Judgment

Mr. Harkesh Manuja, J.

By way of present petition filed under Section 482 Cr.P.C., prayer has been made for quashing the order dated 22.09.2023 (Annexure P-13) passed by the Court of Judicial Magistrate Ist Class, Tarn Taran, whereby the petitioner was declared as proclaimed person.

2. In the present case, respondent filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against the petitioner on account of dishonour of cheque bearing No.032963, dated 15.05.2022, wherein the petitioner was summoned vide order dated 31.08.2022 (Annexure P-2). Having failed to appear in pursuance to the summoning order, petitioner was declared as proclaimed person by the Trial Court, vide order dated 22.09.2023.

3. Impugning the aforesaid order, learned counsel for the petitioner submits that the P.O. proceedings carried out against the petitioner, were in violation of the mandate prescribed under Section 82 Cr.P.C. as no clear cut 30 days period was ever afforded to him for appearance before the Trial Court.

4. Notice of motion.

At this stage, as the challenge is merely to the order passed by the Trial Court, whereby the petitioner was declared as proclaimed person, the gran