Research › Search › Judgment

High Court of Himachal Pradesh · body

2026 DAILYLAW 5202 (HP)

MADAN GOPAL SHARMA v. STATE OF HP

CRMMO/416/2026 · 2026-05-06

Sandeep Sharma

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:HHC:15065 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MMO No.416 of 2026 Date of Decision: 06.05.2026 __________________________________________________________________________ Madan Gopal Sharma ……...Petitioner Versus State of H.P. …....Respondent Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? __________________________________________________________________________ For the Petitioner: Ms. Suman Thakur, Advocate. For the Respondent: Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General, with Mr. Ravi Chauhan and Mr. Anish Banshtu, Deputy Advocates General, for State. _________________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who is an accused in the proceedings initiated at the behest of the respondent/complainant namely, Karam Singh under Section 138 of the Negotiable Instruments Act, has approached this Court in the instant proceedings filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, praying therein for quashing and setting aside the order dated 25.08.2015 and subsequent orders passed by learned Judicial Magistrate First Class, Sundernagar, District Mandi, Himachal Pradesh, in complaint No.266-I/12 (new complaint No.101-I/13), titled Karam Singh vs. Madan Gopal Sharma, whereby he has been declared proclaimed offender. 2026:HHC:15065 2 2. Though, this Court is fully convinced that present petition is not maintainable, however having taken note of the fact that petitioner- accused is ready and willing to cause his presence before the Court below on the date fixed by this Court, this Court, without going into the merits of the case, deems it fit to dispose of the present petition, with a direction to the petitioner to remain present before the Court below on 07.05.2026, enabling it to proceed with the matter. Ordered accordingly. 3. Needless to say, in case the petitioner fails to cause his presence before the Court below on the date fixed by this Court, police would be at liberty to arrest the petitioner in terms of orders passed by the learned Court below, whereby he has been declared as proclaimed offender. However, till 07.05.2026 he shall not be arrested. Pending applications, if any, also stand disposed of. May 06, 2026 (Sandeep Sharma), Rajeev Raturi Judge