Sukhchain Chand vs State of Punjab - 2023 Supreme(P&H) 1861

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 1861

DEEPAK GUPTA
Sukhchain Chand – Appellant
Versus
State of Punjab – Respondent

Advocates Appeared:
Mr. Vivek K. Thakur, Mr. Gurpreet Singh Shergill, AAG, Punjab.

Table of Content
1. fir details and circumstances of the case. (Para 4 , 5)
2. arguments against declaration as proclaimed person. (Para 6 , 7)
3. requirements for a valid proclamation under section 82 cr.p.c. (Para 8 , 9 , 10 , 11)
4. quashing of the fir due to legal violations. (Para 12)

JUDGMENT :

(Deepak Gupta, J.)

CRM-19948-2023:

This is an application under Section 482 Cr.P.C. to place on record the order dated 17.07.2015 and 01.08.2015 passed by learned Judicial Magistrate 1st Class as Annexure P5 and Annexure P6.

2. Allowed as prayed for.

3. Annexure P5 and Annexure P6 are taken on record.

CRM-M-6523-2022:

4. Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of F.I.R. No.232 dated 07.12.2015 registered under Section 174-A of the IPC registered at Police Station Navi Baradari, District Jalandhar City and all subsequent proceedings arising therefrom including report under Section 173(8) Cr.P.C. and the order dated 31.08.2015 passed by JMIC, Jalandhar in case No.NACT-81 of 07.01.2015 titled as 'Avtar Singh Vs. Sukhchain Singh'.

5. Aforesaid complaint No.NACT-81 of 2015 was filed to prosecute petitioner under Section 138 of the Negotiable Instruments Act, in whic