MANMOHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Due to COVID-19 situation, the Court is convened through video conference.

(2.) This petition under Sec. 482 Cr.P.C. is filed seeking quashing of order dtd. 30/5/2018 passed by Judicial Magistrate First Class, Safidon, District Jind, declaring the petitioner as proclaimed offender in Complaint No.NACT/622/2016, dtd. 20/12/2016, under Sec. 138 of Negotiable Instruments Act, 1881 (for short 'the Act') titled as M/s Sky Lark Vs. Manmohan as well as FIR No. 341 dtd. 17/6/2018, under Sec. 174-A IPC, PS Safidon, District Jind.

(3.) Brief facts are that M/s Sky Lark filed a complaint under Sec. 138 of the Act against the petitioner on account of dishonoring of cheque. Summons were issued to the petitioner on 19/12/2016 but service could not be effected. Warrants of arrest were issued and same were received back unserved. On gaining knowledge of the complaint, the petitioner entered into a compromise and the complaint was withdrawn by the complainant on 14/7/2018. During pendency, the trial Court on receiving the report of untraceable issued proclamation under Sec. 82 Cr.P.C. and declared petitioner proclaimed offender vide order dtd. 30/5/2018. Petitioner surrendered before the Court and applied for bail, he was granted bail on 17/6/2018.