Judgment

Mr. Harkesh Manuja, J.

The petitioner, by way of present petition filed under Section 482 Cr.P.C., seeks quashing of the order dated 31.05.2022 (wrongly typed as 16.05.2022 as explained vide report dated 30.09.2022 furnished by the concerned Judicial Officer) passed by learned Judicial Magistrate Ist Class, Chandigarh, whereby he was declared as Proclaimed Person in complaint case No. 5502 of 2020, titled “HDFC Versus Mahender Kumar”.

2. In the present case, having been arrayed as an accused in the complaint filed under Section 138 of the Negotiable Instruments Act, the petitioner was declared proclaimed person vide order dated 31.05.2022 on account of his non-appearance, resulting into passing of the impugned order dated 31.05.2022.

3. Learned counsel for the petitioner submits that while declaring the petitioner as proclaimed person, the mandatory compliance of Section 82 Cr.P.C. was not made as the proclamation was never read over in public place by the executant police officer, thereby violating Section 82(2)(i)(a) of the Code of Criminal Procedure. She further submits that the initiation of proceedings under Section 82 Cr.P.C. was uncalled for as non-bailable warrants ag