Satyander Kumar Alias Satyender Kumar vs State of Haryana

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2025 Supreme(P&H) 1010

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANJAY VASHISTH
Satyander Kumar Alias Satyender Kumar – Appellant
Versus
State of Haryana – Respondent

Advocates Appeared:
For the Appellant :Mr. Jainainder Saini, Advocate
For the Respondent: Mr. Kanwar Sanjiv Kumar, AAG, Haryana

JUDGMENT :

Sanjay Vashisth, J. (Oral)

1. By way of instant petition, petitioner - Satyander Kumar @ Satyender Kumar, aged 48 years, has sought quashing of the order dated 10.04.2023 (Annexure P-3) passed by learned Judicial Magistrate 1st Class, Hisar, in a complaint case u/s 138 of Negotiable Instruments Act, bearing complaint No.24 dated 05.01.2022, vide which petitioner was declared proclaimed person (PO) and all the consequential proceedings arising thereof, including FIR No.922 dated 30.08.2023, u/s 174-AIPC, registered at P.S. HTM, District Hisar.

2. To strengthen the plea that impugned order by which the petitioner was declared Proclaimed person is illegal and erroneous, counsel for the petitioner submits that actually, the petitioner was not residing at the address given in complaint, because since July, 2020, he had already shifted in District Panchkula from Hisar.

Complaint dated 05.01.2022, filed under Section 138 of the Negotiable Instruments Act, contains the address of the accused (petitioner herein), which is mentioned as under:-"Satyender s/o Sh. Om Parkash (Ex Sarpanch. Chandan Nagar, Village Bir Hisar), now resident of Gagandeep Colony, Near Chandan Nagar, Balsamand R

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