CRM-M-22003 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND 130 Ravi Cholamandalam Investment CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- MANISHA BATRA, J. 1. 528 of Bhar quashing of order dated learned Judicial Magistrate First Class, No. NACT Co. Ltd. vs. Ravi I. Act, 1881 2. grounds and it has been argued by his counsel that the petitioner has been falsely implicated in appear before the Court as he was issued by the proclaimed person without Section 82 urged that the 3. length and have also gone through the material placed on record. 22003-2025 (O&M) IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Versus Cholamandalam Investment & Finance Co. Ltd. CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Vikasdeep Singh, Advocate for the petitioner. MANISHA BATRA, J. (Oral) The instant petition has been filed by the petitioner under Section Bharatiya Nagarik Suraksha Sanhita, 2023 quashing of order dated 10.09.2024 (Annexure P Judicial Magistrate First Class, Jalandhar No. NACT-21844-2022, titled as Cholamandal Co. Ltd. vs. Ravi, arising out of a complaint filed under Section 138 of the N. I. Act, 1881, whereby the petitioner had been declared a proclaimed The present petition has been filed by the petitioner on the grounds and it has been argued by his counsel that the petitioner has been falsely implicated in the aforementioned complaint appear before the Court as he was never ser issued by the learned trial Court. More so, t proclaimed person without following the proper procedure prescribed under Section 82 of Cr.P.C. He is ready to join the Court proceedings. urged that the impugned order is liable to be set aside. I have heard learned counsel for the and have also gone through the material placed on record. -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-22003-2025 (O&M) Date of decision: 28.04.2025 ...Petitioner Versus & Finance Co. Ltd. ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Vikasdeep Singh, Advocate The instant petition has been filed by the petitioner under Section tiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) (Annexure P-1), passed by the Court of Jalandhar in complaint bearing CIS Cholamandalam Investment and Finance a complaint filed under Section 138 of the N. whereby the petitioner had been declared a proclaimed person The present petition has been filed by the petitioner on the grounds and it has been argued by his counsel that the petitioner has been complaint. The petitioner could not never served with any notice/warrants trial Court. More so, the petitioner had been declared a following the proper procedure prescribed under He is ready to join the Court proceedings. Hence, it impugned order is liable to be set aside. I have heard learned counsel for the petitioner at considerable and have also gone through the material placed on record. - 2025 (O&M) 28.04.2025 ...Petitioner ...Respondent The instant petition has been filed by the petitioner under Section (for short ‘BNSS’) for Court of complaint bearing CIS am Investment and Finance a complaint filed under Section 138 of the N. person. The present petition has been filed by the petitioner on the grounds and it has been argued by his counsel that the petitioner has been he petitioner could not ved with any notice/warrants he petitioner had been declared a following the proper procedure prescribed under Hence, it is at considerable MOHAMMAD WASEEM ANSARI 2025.04.29 09:05 I attest to the accuracy and integrity of this document CRM-M-22003 5. learned counsel for the parties and on an overall perusal of the orders passed by the learned 82 Cr.P.C. as against the petitioner till the date of declaring him a proclaimed person, I a 10.09.2024 the consequential proceedings arising therefrom. 6. copies of zim 16.04.2024 received back unserved, proclamation against Aashiana’. However, since the publication charges were not deposited, the same could not be done. Eventually, on 02.07.2024, the publication charges were deposited and the proclamation was ordered to petitioner for 10.09.2024 that the learned trial Court before ordering for publication of proclamation has not recorded its proper satisfaction that was concealing himself so that the warrant of arrest, previously issued, cannot be executed, despite reasonable diligence, which was in violation of the provisions of Section 82(1) of Cr.P.C. Reliance upon Rohit Kumar Vs. State of Delhi : 2008 Crl. J. 7. thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such However, a perusal of the order dated 16.04.2024 reveals that the learned trial 22003-2025 (O&M) On giving due deliberations to the contentions as raised learned counsel for the parties and on an overall perusal of the orders passed learned trial Court from the date of initiating proceedings under Section 82 Cr.P.C. as against the petitioner till the date of declaring him a proclaimed , I am of the considered opinion that the impugned order dated 10.09.2024 suffers from some illegalities and is liable to be quashed with all the consequential proceedings arising therefrom. After going through the material placed on reco copies of zimni orders passed by the learned 16.04.2024, since the non-bailable warrants issued against the petitioner were received back unserved, the learned trial Court had ordered for issuance of proclamation against him by way of publication in the newspaper i.e. ‘Daily Aashiana’. However, since the publication charges were not deposited, the same could not be done. Eventually, on 02.07.2024, the publication charges were deposited and the proclamation was ordered to petitioner for 10.09.2024. A bare perusal of that the learned trial Court before ordering for publication of proclamation has not recorded its proper satisfaction that that the petitioner had absconded o was concealing himself so that the warrant of arrest, previously issued, cannot be executed, despite reasonable diligence, which was in violation of the provisions of Section 82(1) of Cr.P.C. Reliance Rohit Kumar Vs. State of Delhi : 2008 Crl. J. Further, as per Section 82 of Cr.P.C., thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such However, a perusal of the order dated 16.04.2024 reveals that the learned trial -2- On giving due deliberations to the contentions as raised learned counsel for the parties and on an overall perusal of the orders passed trial Court from the date of initiating proceedings under Section 82 Cr.P.C. as against the petitioner till the date of declaring him a proclaimed m of the considered opinion that the impugned order dated illegalities and is liable to be quashed with all the consequential proceedings arising therefrom. After going through the material placed on record as well as the learned trial Court, it is revealed that on bailable warrants issued against the petitioner were trial Court had ordered for issuance of him by way of publication in the newspaper i.e. ‘Daily Aashiana’. However, since the publication charges were not deposited, the same could not be done. Eventually, on 02.07.2024, the publication charges were deposited and the proclamation was ordered to be made against the A bare perusal of the order dated 16.04.2024 shows that the learned trial Court before ordering for publication of proclamation has that the petitioner had absconded o was concealing himself so that the warrant of arrest, previously issued, cannot be executed, despite reasonable diligence, which was in violation of the provisions of Section 82(1) of Cr.P.C. Reliance in this regard can be placed Rohit Kumar Vs. State of Delhi : 2008 Crl. J. 2561. Further, as per Section 82 of Cr.P.C., the Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides. However, a perusal of the order dated 16.04.2024 reveals that the learned trial - On giving due deliberations to the contentions as raised by learned counsel for the parties and on an overall perusal of the orders passed trial Court from the date of initiating proceedings under Section 82 Cr.P.C. as against the petitioner till the date of declaring him a proclaimed m of the considered opinion that the impugned order dated illegalities and is liable to be quashed with all rd as well as the revealed that on bailable warrants issued against the petitioner were trial Court had ordered for issuance of him by way of publication in the newspaper i.e. ‘Daily Aashiana’. However, since the publication charges were not deposited, the same could not be done. Eventually, on 02.07.2024, the publication charges be made against the shows that the learned trial Court before ordering for publication of proclamation has that the petitioner had absconded or was concealing himself so that the warrant of arrest, previously issued, cannot be executed, despite reasonable diligence, which was in violation of the in this regard can be placed , if it thinks fit, direct a copy of the proclamation to be published in a daily rily resides. However, a perusal of the order dated 16.04.2024 reveals that the learned trial MOHAMMAD WASEEM ANSARI 2025.04.29 09:05 I attest to the accuracy and integrity of this document CRM-M-22003 Court had straightaway resorted to publication in the newspaper, which cannot be said to be in proper compliance of the provisions of Section 82 of Cr.P.C. 9. view of the ratio of law as laid down in above cited authorities petition is allowed and the impugned order dated passed by the complaint bearing CIS No. NACT Investment and Finance Co. Ltd. vs. Ravi under Section 138 of the N. I. Act, 1881, declared a proclaimed arising therefrom. 10. Court proceedings which would obviously help in speedy conclusion of trial, he is directed to surrender before the learned trial Court within a period of weeks from today and on doing so, the learned trial Court shall release him on bail, subject to his furnishing fresh personal/surety bonds to its satisfaction. 11. Court, his arrest 12. the learned to be dismissed. 28.04.2025 Waseem Ansari Whether speaking/reasoned Whether reportable 22003-2025 (O&M) Court had straightaway resorted to publication in the newspaper, which cannot be said to be in proper compliance of the provisions of Section 82 of Cr.P.C. Accordingly, in view of the discussion as made above view of the ratio of law as laid down in above cited authorities petition is allowed and the impugned order dated passed by the Court of learned Judicial Magistrate First Class, complaint bearing CIS No. NACT-21844 Investment and Finance Co. Ltd. vs. Ravi under Section 138 of the N. I. Act, 1881, declared a proclaimed person, is quashed with all consequential proceedings arising therefrom. Keeping in view the fact that Court proceedings which would obviously help in speedy conclusion of trial, rected to surrender before the learned trial Court within a period of from today and on doing so, the learned trial Court shall release him on bail, subject to his furnishing fresh personal/surety bonds to its satisfaction. Till the appearance of the petitioner before the Court, his arrest shall remain stayed. It is made clear that in case the petitioner fails to appear before learned trial Court within the stipulated time to be dismissed. .04.2025 Whether speaking/reasoned Whether reportable -3- Court had straightaway resorted to publication in the newspaper, which cannot be said to be in proper compliance of the provisions of Section 82 of Cr.P.C. Accordingly, in view of the discussion as made above and also in view of the ratio of law as laid down in above cited authorities, the present petition is allowed and the impugned order dated 10.09.2024 (Annexure P Judicial Magistrate First Class, Jalandhar in 21844-2022, titled as Cholamandalam Investment and Finance Co. Ltd. vs. Ravi, arising out of a complaint filed under Section 138 of the N. I. Act, 1881, whereby the petitioner had been , is quashed with all consequential proceedings Keeping in view the fact that the petitioner is ready to join the Court proceedings which would obviously help in speedy conclusion of trial, rected to surrender before the learned trial Court within a period of from today and on doing so, the learned trial Court shall release him on bail, subject to his furnishing fresh personal/surety bonds to its satisfaction. ce of the petitioner before the learned It is made clear that in case the petitioner fails to appear before the stipulated time, this petition shall be deemed (MANISHA BATRA) JUDGE Yes/No Yes/No - Court had straightaway resorted to publication in the newspaper, which cannot be said to be in proper compliance of the provisions of Section 82 of Cr.P.C. and also in , the present 10.09.2024 (Annexure P-1), Jalandhar in Cholamandalam , arising out of a complaint filed been , is quashed with all consequential proceedings is ready to join the Court proceedings which would obviously help in speedy conclusion of trial, rected to surrender before the learned trial Court within a period of 02 from today and on doing so, the learned trial Court shall release him on bail, subject to his furnishing fresh personal/surety bonds to its satisfaction. learned trial It is made clear that in case the petitioner fails to appear before , this petition shall be deemed MOHAMMAD WASEEM ANSARI 2025.04.29 09:05 I attest to the accuracy and integrity of this document