IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 28.10.2025 Surjit Kumar ....Petitioner V/s M/s Mahindra and Mahindra Financial Services Ltd.

and another ....Respondents CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Naveen Kumar, Advocate for Mr. HPS Ishar, Advocate for the petitioner.

Mr. Himendra Pal, Advocate for the respondent No.1.

None for the respondent No.2.

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SUMEET GOEL, J. (Oral)

1. Present petition has been filed under Section 528 of BNSS, 2023, seeking quashing of order dated 06.09.2024 (Annexure P-7) passed by the Judicial Magistrate Ist Class, Chandigarh whereby the petitioner was declared proclaimed person in criminal complaint No.7100 of 2023 under Section 138 of the Negotiable Instruments Act, 1881 alongwith all consequential proceedings.

2. Learned counsel for the petitioner has iterated that the impugned order declaring the petitioner as a proclaimed person is illegal and unsustainable in law as the mandatory procedure prescribed under Section 82 of Cr.P.C. has not been adhered to. It has been further iterated that the ordinary summons issued vide order dated 21.12.2023 were never served yet the Court below erroneously issued bailable w