Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MANISHA BATRA
Rekha Goyal – Appellant
Versus
Cinemaster – Respondent
| Table of Content |
|---|
| 1. summary of the grounds for the appellant's challenge. (Para 1 , 2) |
| 2. court's analysis of procedural irregularities. (Para 3 , 4 , 5) |
| 3. court's determination and rationale for quashing. (Para 6) |
| 4. final directives regarding surrender and costs. (Para 7 , 8 , 9 , 10) |
JUDGMENT :
Manisha Batra, J. (Oral)
The instant petition has been filed by the petitioner under Section 528 of Bharatiya Nagarik Suraksha Sanhita , 2023 for quashing of order dated 13.08.2024 (Annexure P-17), passed by the Court of learned Judicial Magistrate First Class, Ambala in case titled as M/s Cinemaster vs. M/s Viktoria Cineplex, arising out complaint bearing CIS No. NACT/2322/2019, 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 her counsel that the petitioner has been falsely implicated in the aforementioned complaint. The petitioner was not aware about pendency of the aforementioned complaint. A perusal of the complaint would show that two addresses of the petitioner's firm have been given in the
The court quashed the proclamation order due to improper service, ruling that the appellant was not properly notified, highlighting the necessity of adherence to legal procedures.
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.
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.
Non-compliance with Section 82 Cr.P.C. renders proclamation of an accused as nullity, warranting quashing of FIR under Section 174-A IPC.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
