CRM-M-23315- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND 141 Tushar State of Haryana and another CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. for the petitioner. MANISHA BATRA, J. 1. The instant petition has been filed by the petitioner under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 12.08.2024, passed by the Judicial Magistrate First Class, Vikas Bindal vs. Tushar 2019, filed under Section 138 of (for short ‘N. I. Act’) person. 2. The present petition has been filed by the petitioner on the grounds and it has been argued by his counsel that the petitioner proclaimed person without Section 82 Cr.P.C. 2/complainant under Section 13 vide order dated 12.03.2025. to be set aside. 3. I have heard learned counsel f and have also gone through the material placed on record. -2025 (O&M) IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Versus State of Haryana and another CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Sandeep Sharma, Advocate for the petitioner. MANISHA BATRA, J. (Oral) The instant petition has been filed by the petitioner under Section Bharatiya Nagarik Suraksha Sanhita, 2023 , passed by the Judicial Magistrate First Class, Vikas Bindal vs. Tushar, arising out complaint bearing No. NACT/ , filed under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘N. I. Act’), 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 proclaimed person without following the proper procedure prescribed under Section 82 Cr.P.C. Even otherwise, the main complaint filed by respondent No. 2/complainant under Section 138 of the N. I. Act stands dismissed as withdrawn, vide order dated 12.03.2025. Hence, it is urged that the 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-23315-2025 (O&M) Date of decision: 01.05.2025 ...Petitioner ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA The instant petition has been filed by the petitioner under Section Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of order dated , passed by the Judicial Magistrate First Class, Rohtak in case titled as complaint bearing No. NACT/1281 of the Negotiable Instruments 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 had been declared a following the proper procedure prescribed under the main complaint filed by respondent No. of the N. I. Act stands dismissed as withdrawn, Hence, it is urged that the impugned order is liable or the petitioner at considerable length and have also gone through the material placed on record. N 2025 (O&M) 01.05.2025 ...Petitioner ...Respondents The instant petition has been filed by the petitioner under Section for quashing of order dated in case titled as 1281 of the Negotiable Instruments Act, 1881 whereby the petitioner had been declared a proclaimed The present petition has been filed by the petitioner on the grounds had been declared a following the proper procedure prescribed under the main complaint filed by respondent No. of the N. I. Act stands dismissed as withdrawn, impugned order is liable petitioner at considerable length MOHAMMAD WASEEM ANSARI 2025.05.01 18:33 I attest to the accuracy and integrity of this document CRM-M-23315- 4. A the proclamation was not read over village in which the (2) of the Cr.P.C.. in some conspicuous place of the town or village in which the accused ordinarily resides; then the same has to be affixed to some conspicuous part of the house or homestead in which the accused ordinarily resides or to some conspicuous place of such town or village and thereafter a copy of the proclamation has to be affixed to some conspicuous pa (c) in Section 82 (2)(i) of the Cr.P.C. are conjunctive and not disjunctive, which means that there would be no valid publication of the proclamation unless all the three modes of publication are proved. upon Pawan Kumar Gupta Vs. The State of W.B. : 1973 5. 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 Judicial Magistrate First Class, arising out complaint bearing No. NACT/1281 of 2019, filed under Section 138 of the N. I. Act, quashed with all consequential proceedings arising therefrom. 6. intimation. 01.05.2025 Waseem Ansari Whether speaking/reasoned Whether reportable -2025 (O&M) A perusal of the statement of the serving police official reveals that the proclamation was not read over in some conspicuous place of the town or village in which the petitioner was supposed to be residing. (2) of the Cr.P.C.. for publication, the proclamation has to be first publicly read in some conspicuous place of the town or village in which the accused ordinarily en the same has to be affixed to some conspicuous part of the house or homestead in which the accused ordinarily resides or to some conspicuous place of such town or village and thereafter a copy of the proclamation has to be affixed to some conspicuous part of the Court (c) in Section 82 (2)(i) of the Cr.P.C. are conjunctive and not disjunctive, which means that there would be no valid publication of the proclamation unless all the three modes of publication are proved. Rel Pawan Kumar Gupta Vs. The State of W.B. : 1973 Accordingly, in view of the discussion as made above view of the ratio of law as laid down in above cited authorities is allowed and the impugned order dated Judicial Magistrate First Class, Rohtak in case titled as complaint bearing No. NACT/1281 of 2019, filed under Section 138 of the N. I. Act, whereby the petitioner had been declared a proclaimed quashed with all consequential proceedings arising therefrom. Let a copy of this order be sent to the learned trial Court for Whether speaking/reasoned Whether reportable -2- perusal of the statement of the serving police official reveals that in some conspicuous place of the town or petitioner was supposed to be residing. As per Section 82 the proclamation has to be first publicly read in some conspicuous place of the town or village in which the accused ordinarily en the same has to be affixed to some conspicuous part of the house or homestead in which the accused ordinarily resides or to some conspicuous place of such town or village and thereafter a copy of the proclamation has to be rt of the Court-house. The three sub-clauses (a) (c) in Section 82 (2)(i) of the Cr.P.C. are conjunctive and not disjunctive, which means that there would be no valid publication of the proclamation unless all the Reliance in this regard can be placed Pawan Kumar Gupta Vs. The State of W.B. : 1973 CriLJ 1368. 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 is allowed and the impugned order dated 12.08.2024, passed by the in case titled as Vikas Bindal vs. Tushar complaint bearing No. NACT/1281 of 2019, filed under Section 138 whereby the petitioner had been declared a proclaimed person quashed with all consequential proceedings arising therefrom. Let a copy of this order be sent to the learned trial Court for (MANISHA BATRA) JUDGE Yes/No Yes/No N perusal of the statement of the serving police official reveals that in some conspicuous place of the town or Section 82 the proclamation has to be first publicly read in some conspicuous place of the town or village in which the accused ordinarily en the same has to be affixed to some conspicuous part of the house or homestead in which the accused ordinarily resides or to some conspicuous place of such town or village and thereafter a copy of the proclamation has to be clauses (a)- (c) in Section 82 (2)(i) of the Cr.P.C. are conjunctive and not disjunctive, which means that there would be no valid publication of the proclamation unless all the iance in this regard can be placed and also in , the present , passed by the Vikas Bindal vs. Tushar, complaint bearing No. NACT/1281 of 2019, filed under Section 138 person, is Let a copy of this order be sent to the learned trial Court for MOHAMMAD WASEEM ANSARI 2025.05.01 18:33 I attest to the accuracy and integrity of this document