CRM-M-47219 IN THE HIGH COURT OF PUNJAB & HARYANA AT 137 Menakshi Sharma @ Meenakshi Sharma State of Punjab and another CORAM: HON’BLE MR. JUSTICE AMAN CHAUDHARY Present : AMAN CHAUDHARY, J. (ORAL) 1. BNSS, for quashing of order complaint case No. No.PBLD0307501/2018 Menakshi Sharma’ 2. in a complaint filed under Section 138 NI she had appeared dates, however, of her daughter returned on 25.07.2025 proclaimed person vide order dated 19.10.2023, compliance of provisions of Section 82 Cr.P.C. wilful nor deliberate as t 47219-2025 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision Menakshi Sharma @ Meenakshi Sharma Versus State of Punjab and another CORAM: HON’BLE MR. JUSTICE AMAN CHAUDHARY Mr. Arpan Sabharwal, Advocate AMAN CHAUDHARY, J. (ORAL) Prayer made in the present petition filed under BNSS, for quashing of order dated 19.10.2023 (Annexure P2) complaint case No.COMA/8301/2018 0307501/2018 dated 13.06.2018, titled as ‘ Menakshi Sharma’. Learned counsel submits that in a complaint filed under Section 138 NI he had appeared and granted bail and continued to appear on various , however, had to leave the country in November, 2023, for delivery of her daughter’s child and assist her in family matters. Now, she has returned on 25.07.2025, however, in the interregnum, she was declared proclaimed person vide order dated 19.10.2023, compliance of provisions of Section 82 Cr.P.C. wilful nor deliberate as there were talks of compromise going on at that -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-47219-2025 (O & M) Date of decision: 27.08.2025 ....Petitioner ...Respondents CORAM: HON’BLE MR. JUSTICE AMAN CHAUDHARY Advocate for the petitioner. Prayer made in the present petition filed under Section 528 19.10.2023 (Annexure P2), passed in COMA/8301/2018, having CNR , titled as ‘Narinder Singh vs. Learned counsel submits that the petitioner was summoned in a complaint filed under Section 138 NI Act in the year 2020 wherein and continued to appear on various had to leave the country in November, 2023, for delivery ’s child and assist her in family matters. Now, she has , however, in the interregnum, she was declared proclaimed person vide order dated 19.10.2023, without proper compliance of provisions of Section 82 Cr.P.C. Her absence is neither here were talks of compromise going on at that ASHOK KUMAR 2025.08.28 09:23 I attest to the accuracy and integrity of this document -2- CRM-M-46703-2025 time, she did not appear which led to her being as proclaimed person. Further that, she is ready and willing to join the proceedings and it is prayed that one opportunity may be granted to her to surrender before the learned trial Court. To buttress his submission, reliance is placed on the judgments of this Court in Gurbir Singh Mundi vs. State of Punjab and another CRM-M-49283-2021, decided on 16.12.2021. 3. Notice of motion. 4. On the asking of the Court, Mr. MS Bajwa, DAG, Punjab, accepts notice on behalf of the respondent-State and submits that the petitioner was rightly declared proclaimed person by the trial Court for having absented. 5. No order prejudicial to the rights of respondent No.2 is being proposed to be passed by this Court, thus, there is no requirement of effecting service upon him. 6. In the case of Gurbir Singh Mundi (supra), it was held that provisions of Section 82(2) Cr.PC. are to be mandatorily complied with cumulatively and not alternatively. The Court had quashed the order declaring the petitioner therein as proclaimed person on the ground that declaration was not read publicly in some conspicuous place of town or village, in which the accused ordinarily resides. 7. Heard. 8. The very purpose of initiation of proclamation proceedings, is to compel and secure the presence of the accused to face trial and establish the rule of law, as also to ensure finalization of the proceedings. ASHOK KUMAR 2025.08.28 09:23 I attest to the accuracy and integrity of this document -3- CRM-M-46703-2025 9. Adverting to the facts of the present case, the reasons for non-appearance of the petitioner that led to the passing of the impugned order, appear to be justified. At times, the accused can be prevented by sufficient reasons to put an appearance before the Court and such an absence cannot necessarily be construed as deliberate and wilful. However, it is incumbent upon him to join the proceedings, before the trial Court, for the culmination of the same. Considering the fact that the absence of the petitioner was not wilful or deliberate and his readiness and willingness to surrender and join the proceedings, in case one opportunity is granted to the petitioner, no prejudice shall be caused to any of the parties, rather his joining the proceedings would help in expediting the trial. This Court in light of the judgment referred to above being applicable to the instant case, finds that the ends of justice would be adequately met if the present petition is allowed. 10. In view of the afore-mentioned judgment and the facts and circumstances of the case, the impugned order dated 19.10.2023, Annexure P-2 is set aside, subject to surrender by the petitioner before the trial Court on or before 15.09.2025. On furnishing bail/surety bonds, the trial Court shall release her on bail subject to its satisfaction. She is also directed to furnish an undertaking by way of an affidavit that she will appear on each and every date of hearing before the trial Court, unless specifically exempted by the Court. She shall not leave the country without prior permission of the Court. The trial Court may impose any other condition that it may deem appropriate in the facts and ASHOK KUMAR 2025.08.28 09:23 I attest to the accuracy and integrity of this document -4- CRM-M-46703-2025 circumstances of the present case. 11. Before parting with this order, it is made abundantly clear that in case the petitioner does not adhere to the aforesaid, the present petition shall be deemed to have been dismissed without any reference to this Court. 27.08.2025 (AMAN CHAUDHARY) ashok JUDGE Whether speaking/reasoned : Yes / No Whether reportable : Yes / No ASHOK KUMAR 2025.08.28 09:23 I attest to the accuracy and integrity of this document