IMPORTANT POINT
Mandatory compliance with Section 82 of the Code of Criminal Procedure is essential for valid proclamations regarding absconding individuals.

JUDGMENT :

HARSH BUNGER, J.

1. Petitioner (Chanpreet Singh) has filed the present petition under Section 482 of the Code of Criminal Procedure for setting aside/quashing of order dated 20.02.2024 (Annexure P-3) passed by learned Judicial Magistrate Ist Class, Sangrur in complaint bearing No. NACT/821/2019 (Annexure P-1), filed under Section 138 of the Negotiable Instruments Act, vide which petitioner has been declared as a proclaimed person.

2. Learned counsel for the petitioner submits that in the aforesaid complaint (Annexure P-1), the petitioner was granted bail vide order dated 19.09.2023 and thereafter, he was regularly appearing before the trial Court; however on account of oversight and communication gap between petitioner and his counsel appearing before the trial Court; petitioner could not appear before trial Court on 05.12.2023, 21.12.2023 and 10.01.2024. It is submitted that on 10.01.2024, bail of petitioner was cancelled, his bail bonds were forfeited to the State and proclamation was ordered to be issued against him. It is further submitted that on 20.01.2024, petitioner was declared as a proclaimed person.

3. Learned counsel for the petitioner inter alia contends that the procedure prescribed under Section 82 of the Code of Criminal Procedure has not been followed while declaring the petitioner as a proclaimed person, vide order dated 20.02.2024 (Annexure P-3), passed by the learned Judicial Magistrate Ist Class, Sangrur. Learned counsel has referred to Annexure P-4, i.e. the statement of Head Constable Jagtar Singh No. 1047/SGR, Police Station City Sangrur, who carried out the proclamation; according to which, although the original proclamation was affixed at the gate of petitioner and one copy was affixed at the public place, i.e. Bus Stand, Malerkotla, however, proclamation was not read out publicly, as envisaged under Section 82 of the Code of Criminal Procedure.

4. Further, it is submitted by learned counsel for the petitioner that the non-appearance of the petitioner before the trial Court was neither intentional nor deliberate but for the above said reason. Learned counsel for the petitioner states that the petitioner is ready and willing to surrender before the learned trial Court and undertakes to appear on each and every date; however, he states that in the meantime, he may be protected.

5. Notice of motion.

6. At this stage, Mr. Ankit Grewal, Deputy Advocate General, Punjab, who is present in Court, accepts notice on behalf of the respondent/State. He submits that from the perusal of various zimni orders, as reproduced by petitioner in paragraph No. 4 of the petition, it is evident that despite being aware of the pending proceedings, petitioner had failed to appear before the trial Court on 05.12.2023, and therefore, he was summoned through non-bailable warrants for 21.12.2023. Thereafter again on 21.12.2023, petitioner did not appear, and therefore on 10.01.2024, the bail of petitioner was ordered to be cancelled and bail bonds were forfeited to the State. He further submits that the petitioner has disobeyed the terms of bail order/bonds, which shows his conduct; hence, he does not deserve any leniency.

However, learned State counsel does not dispute the aforestated factual position that the procedure prescribed under Section 82 of the Code of Criminal Procedure has not been followed inasmuch as that the proclamation was not read out publicly.

7. I have heard learned counsel for the parties and perused the paper book as well as order dated 20.02.2024 (Annexure P-3) passed by learned Judicial Magistrate Ist Class, Sangrur.

8. Before considering the submissions made by the respective counsel, it would be appropriate to refer to Section 82 of the Code of Criminal Procedure, which reads as under:

“82. Proclamation for person absconding:

(1) If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so t