Tulsa Devi Tripathi vs State of Haryana

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(P&H) 1245

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Tulsa Devi Tripathi – Appellant
Versus
State of Haryana – Respondent

Advocates Appeared:
For the Appellant :Mr. Pardeep Panwar, Advocate

JUDGMENT :

Harpreet Singh Brar, J. (Oral)

1. The present petition has been filed under Section 528 BNSS, 2023 for quashing of order dated 03.11.2022 (Annexure P-1) passed by the learned Judicial Magistrate First Class, Gurugram in a case bearing NACT No.19718/2017 titled as M/s India Infoline Housing Finance Ltd. vs. Tulsa Devi Tripathi' whereby the petitioner was declared as proclaimed person and the consequential FIR bearing No.2041 dated 03.12.2022 registered under Section 174-A IPC at Police Station Shivaji Nagar, District Gurugram (Annexure P-2) and all consequential proceedings emanating therefrom.

2. The brief facts of the present case are that a complaint under Section 138 of Negotiable Instruments Act, 1881 was filed against the petitioner, wherein the petitioner was declared as proclaimed person vide order dated 03.11.2022 (Annexure P-1) and subsequently, FIR (supra) was registered against him.

3. Learned counsel for the petitioner submits that the impugned order has been passed in a cryptic manner and the impugned order is liable to be set aside on the ground that the mandate of Section 82 of Cr.P.C. has not been followed in its letter and spirit by the trial Court. He furth