JALDHARA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioners have assailed the order dated 09.04.2018 passed by Judicial Magistrate First Class, Rewari, vide which petitioners were declared as proclaimed offenders and necessary intimation was issued for initiating proceedings under Section 174-A I PC and the case was adjourned for recording statement of the complainant under Section 299 Cr.P,C. The impugned order was passed in a criminal complaint under Sections 138/142 of Negotiable Instruments Act filed by the complainant/respondent No.2 against the petitioners.

(2.) On 11.12.2019, this Court took cognizance of the issue on the premise that the Magistrate could not declare the petitioners as proclaimed offenders as they were not accused in offence specified under Section 82(4) Cr.P.C. Operation of the impugned order which was subsequently corrected vide order dated 20.12.2019 to be read as 09.04.2018 instead of 16.03.2018 was stayed.

(3.) Since the offences punishable under Section 138 of the Negotiable Instruments Act are bailable, therefore, the petitioners were held at liberty to approach the trial Court to seek regular bail within a specified period. In pursuance of aforesaid order dated 11.12.2019 (modified on 20.12.2019), the petitioners have already approached the Court of Judicial Magistrate First Class, Rewari.