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DEEPAK GUPTA
Baljit Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. filing of fir under cr.p.c. (Para 1) |
| 2. petitioner's loan default and subsequent legal actions (Para 2 , 4) |
| 3. alleged non-receipt of summons and court actions (Para 3 , 5) |
| 4. court's review of legal procedures followed (Para 6 , 7) |
| 5. requirements for declaring a person absconded under cr.p.c. (Para 8 , 9 , 10) |
| 6. lack of evidence for declaration as proclaimed person (Para 11 , 12) |
| 7. consequences of the court's prior orders and subsequent actions (Para 13 , 14) |
| 8. quashing of fir due to abuse of process (Para 15) |
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
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.
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