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MANISHA BATRA
Saleem – Appellant
Versus
State of U. T. , Chandigarh – Respondent
JUDGMENT :
Mrs. Manisha Batra, J.
The instant petition has been filed by the petitioner under Section 482 of Cr.P.C. seeking quashing of order dated 02.12.2023 (Annexure P-6), passed by the learned Judicial Magistrate First Class, Chandigarh in case titled as Dharambir Singh vs. Salim, arising out of a complaint filed under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘N. I. Act’), whereby the petitioner had been declared a proclaimed person.
2. The present petition has been filed by the petitioner on the grounds and it has been argued by his counsel that the petitioner has been falsely implicated in the aforesaid complaint. Although, initially he could not appear before the learned trial Court, due to which, proclamation proceedings under Section 82 of Cr.P.C. were initiated against him but subsequently, he appeared before the Court on 21.12.2022 and was granted concession of bail. Thereafter, the petitioner was appearing on each and every date but due to non-appearance of the petitioner, no effective proceeding could take place before the Court. However, the petitioner could not appear before the Court on 20.07.2023, due to which, his bail was cancelled and non-bai
The declaration of a person as proclaimed under Section 82 Cr.P.C. is invalid if proper procedural requirements are not followed, including the court's satisfaction regarding the absconder's status.
Mandatory compliance with Section 82(2)(i)(a) of Cr.P.C., emphasizing the requirement for the proclamation to be read publicly as per constitutional rights.
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.
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.
Failure to afford a clear 30-day notice for appearance as mandated by Section 82 Cr.P.C. renders the proclamation of a person as proclaimed person wholly vitiated.
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