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DEEPAK GUPTA
Baljit Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Deepak Gupta, J.
Prayer by way of this petition filed under Section 482 Cr.P.C is to quash FIR No.203 dated 7.08.2019 registered under Section 174-A IPC at Police Station Sadar Tarn Taran, District Tarn Taran and all the subsequent proceedings emanating therefrom.
2. It is contended that Tarn Taran Primary Cooperative Agriculture Development Bank Limited, Branch Tarn Taran had instituted a criminal complaint to prosecute the accused (petitioner) under section 138 of the Negotiable Instruments Act with the averments that the petitioner had taken loan by mortgaging his landed property but defaulted in making payment on installments. Cheque issued by the petitioner in discharge of his outstanding dues was dishonored on presentation. Petitioner failed to make the payment despite notice. Complaint was filed.
3. It is contended that no summons were received by the petitioner at any point of time. Learned Chief Judicial Magistrate, Tarn Taran by wrongly observing that petitioner was avoiding to receive summons or was avoiding to be served through warrants of arrest, issued proclamation under Section 82 Cr.P.C. Though no proclamation had been issued for 22.10.2018, petitioner was d
The court established that strict adherence to the procedural requirements of Section 82 Cr.P.C. is essential for validly declaring a person as a proclaimed offender.
Proclamation proceedings under Section 82 Cr.P.C. must adhere to strict procedural requirements, including prior issuance of arrest warrants and proper publication, to avoid nullity.
The court emphasized the necessity of following proper procedures under Section 82 Cr.P.C. for declaring a person a proclaimed offender, highlighting that non-compliance renders such declarations nul....
The court held that a proclamation under Section 82 of the Cr.P.C. is invalid if the accused was not properly served with warrants and the court failed to record satisfaction of the accused's abscond....
The declaration of a proclaimed person under Section 82 Cr.P.C. must follow strict procedural requirements, and failure to comply renders the order invalid.
The court emphasized the mandatory requirement of a 30-day notice period under Section 82 Cr.P.C. for declaring a person as proclaimed, which was violated in this case.
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