ORDER

% 15.02.2024

1. By way of present petition filed under Section 482 Cr.P.C., the petitioner seeks quashing of the order dated 05.12.2019 passed by learned Metropolitan Magistrate, Rohini Court, New Delhi in C.C. No. 1596/2018 whereby petitioner was declared proclaimed offender.

2. Notably, the impugned order was passed in the proceedings arising out of a criminal complaint filed under Sections 138 and 142 of the Negotiable Instruments Act (‘NI Act’) and Section 420 IPC. After pre- summoning evidence, the petitioner alongwith others was summoned by the trial court. The summons remained unserved with the process server remark ‘left the address’. Bailable warrants as well as non-bailable warrants were issued however, the same remained unexecuted with the remark ‘accused has closed down their official address’ and ‘accused are not traceable’ respectively. Resultantly, proceedings under Section 82 Cr.P.C. were initiated and vide order dated 05.12.2019, the petitioner alongwith the co- accused was declared proclaimed offender. Further, vide order dated 25.02.2020, direction was given to register an FIR under Section 174A IPC.

3. Learned counsel for the petitioner contended