OM HEMRAJANI Vs. STATE OF U P

JUDGEMENT

(1.) The interpretation of Section 188 of the Code of Criminal procedure, 1973 (Code) , falls for determination in this petition. The said section reads as under :

(2.) The sole question is about the interpretation of the expression 'at which he may be found' in the aforesaid section. On whom, under Section 188, does the responsibility to find the accused lies- the complainant, the police or the Court The question has arisen under the following circumstances:

(3.) Respondent No. 2, a Dubai based bank, has filed a complaint against the petitioner and another in the Court of Special Judicial magistrate (CBI) under Sections 415, 417, 418 and 420 read with Section 120-B IPC. It has been, inter alia, alleged in the complaint that the petitioner obtained loans, executed various documents in proof of his ability to discharge the bank liability and gave his personal guarantee. But instead of discharging the liability, the accused absconded without liquidating his liability to the bank. The accused cheated and defrauded the bank in obtaining loan facilities knowing fully well that he had no intention to pay it back and fled from UAE. The Magistrate took cognizance of the offence and issued processes against the person arraigned in the complaint and also issued non-bailable warrants.