IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MMO No.405 of 2026 Date of Decision: 30.04.2026 __________________________________________________________________________ Kulbhushan Sharma ……...Petitioner Versus Surender Thakur …....Respondent Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? __________________________________________________________________________ For the Petitioner: Ms. Suchitra Sen, Advocate. For the Respondents: None. _________________________________________________________________________________ Sandeep Sharma, J. (Oral) Being aggrieved and dissatisfied with the order dated 30.11.2023 passed by the learned Additional Chief Judicial Magistrate, Sarkaghat, District Mandi, Himachal Pradesh, in criminal complaint NIA 26/2017, titled as Surinder Thakur Vs. Kulbhushan Sharma, whereby petitioner has been declared as proclaimed offender, petitioner has approached this Court in the instant proceedings filed under Section 528 of Bharatiya Nagrik Suraksha Sanhita, 2023, for quashing and setting aside the afore order and grant one more opportunity to cause his presence before the Court below. 2. Having regard to the nature of dispute and order proposed to be passed, this Court sees no reason to issue notice to respondent and as such, same is dispensed with. 2 3. Though this Court is fully convinced that present petition is not maintainable, rather appropriate remedy, if any, for petitioner is to approach the Court below, however, having taken note of statement made by learned counsel representing the petitioner, who, on instructions from the petitioner, states that petitioner is ready and willing to pay the entire amount, as has been claimed in the proceedings under Section 138 of the Negotiable Instruments Act, coupled with the fact that he is ready and willing to cause his presence before the Court below, this Court, without going into the merits of the case, deems it fit to dispose of the present petition with the direction to petitioner to remain present before the learned Court below on 15.05.2026, on which date, he shall pay the amount, as claimed in the proceedings as well as compensation, if any, awarded by the Court below and till then, order dated 30.11.2023, whereby petitioner was declared proclaimed offender, shall be kept in abeyance, but in case needful, otherwise agreed to be done on the date fixed by this Court, is not done, then Police would be at liberty to do the needful in terms of order dated 30.11.2023 passed by the Court below. Ordered accordingly. 4. Ordered accordingly. 4. It is clarified that this Court has not passed any order with regard to correctness of proclamation order passed by the Court below 3 and Court, having taken note of deposit, if any, made by the petitioner, shall pass appropriate order. The present petition is disposed in the above terms, so also the pending miscellaneous application(s), if any. April 30, 2026 (Sandeep Sharma), Rajeev Raturi Judge