IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. : 673 of 2025 Decided on : 19.08.2025 Rakesh Kumar Sharma …Petitioner Versus State Bank of India …Respondent The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Ms. Preeti, Advocate, vice Ms. Madhurika Sekhon Verma, Advocate. For the respondent : Mr. Arvind Sharma, Advocate. Virender Singh, Judge (Oral) By way of present application, indulgence of this Court has been sought to quash the order dated 25.03.2025, passed by the learned Additional Chief Judicial Magistrate, Court No. 1 Shimla, District Shimla, H.P. (hereinafter referred to as “the learned trial Court”), whereby proclamation under Section 83 of Cr. P.C. has been published against the petitioner. 2. As per the factual position, as mentioned in the petition, the respondent Bank had initiated the 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 proceedings, under Section 138 of Negotiable Instruments Act against the petitioner, before the learned trial Court. 3. Thereafter, the case was listed for service of the petitioner and on account of world wide restrictions imposed due to Covid-19 Pandemic, the matter remained pending for the service of petitioner. Subsequently, the petitioner had engaged a Counsel, who, after putting one appearance, never appeared before the learned trial Court, nor, communicated about the fate of the case. On account of the non appearance, the proceedings were initiated under Section 83 of Cr.P.C. 4. The petitioner, in order to show his bonafide, to settle the dispute with the respondent Bank, has deposited a sum of Rs. 2,00,000/-, with the Registry of this Court. 5. Considering the said fact, the present petition is disposed of, with a direction to the petitioner to approach the learned trial Court, by moving the application for recalling the order dated 25.03.2025, as well as, compounding of the matter, within a period of two weeks from today. Thereafter, the learned trial Court is requested to proceed further, in accordance with Law. 6. Till then, the learned trial Court is requested not to take any coercive action against the petitioner. 3 7. With these averments, the petition is disposed of. Copy of the said order be sent to the learned trial Court. (Virender Singh) Judge August 19, 2025 (Pramod Kumar)