RAHUL DUREJA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners are alleged to commit an offence under Sec. 138 of the Negotiable Instruments Act (in short "the NI Act"). An apposite complaint is filed against him, and, is subjudice before the Court of JMIC, Malout. After the recording of the complainant's preliminary evidence, the learned trial Magistrate concerned, made an objective satisfaction, that, prima facie an offence under Sec. 138 of the NI Act, is made out against the accused, hence proceeded to make a summoning order, upon, the accused-petitioner herein.

(2.) The petitioners, did not, on the date mentioned in the summons, cause their personal appearance before the learned trial Magistrate concerned. Moreover, also the attempt, as, made by the learned trial Magistrate concerned, to secure their personal appearance, before him, through issuances, respectively of, bailable, and, thereafter of non-bailable warrants, remained futile. Consequently, the learned Magistrate concerned, through an order made on 6/3/2018, hence enclosed with the petition as Annexure P-2, recorded an objective satisfaction that the petitioners are intentionally and deliberately avoiding to cause their personal appearance, before him, hence proceeded to make an order, for their being summoned through a proclamation, which was ordered to be made returnable for 30/4/2018.

(3.) The learned Magistrate concerned, also proceeded to appoint a police official, for causing execution of the afore made order. The police official concerned, had on visiting the premises of the accused concerned, made a report to the effect, that on 23/4/2018, he alongwith MC Gurmeet Singh, raided the house of the accused, and, that since at the relevant time, he had found the house of the accused to be locked, and, hence thereafter his proceeding to affix a copy of the proclamation notice, upon the main gate of the house of the accused, and, another copy become affixed at the main gate of M/s Dureja Rice Mills, and, besides one copy, became appended at Judicial Court Complex. The learned Magistrate concerned, after considering the afore made report, of the police official concerned, made an objective conclusion, that since the period of 30 days has elapsed, since the making of the order of 6/3/2018, thereupon, a direction was made, upon the SHO concerned, for registration of an FIR against the accused / M/s. Dureja Rice Mills, hence under Sec. 174-A of the Cr.P.C.