AJAY KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Case taken up through video conferencing.

(2.) This petition under Sec. 438 Cr.P.C. for pre-arrest bail has been filed by the petitioner Ajay Kumar, aged about 35 years, resident of House No.30, Satsang Vihar, Ambala Road, Jagadhri, District Yamuna Nagar, an accused in FIR No.0306 dtd. 11/3/2019, under Sec. 174-A IPC, registered with Police Station Jagadhri City, District Yamuna Nagar.

(3.) Briefly stated, the facts of the case are that petitioner Ajay Kumar, who happened to be an accused in a complaint case titled 'Anil Kumar Versus Ajay Kumar', under Sec. 138 of Negotiable Instruments Act, pending in the Court of Judicial Magistrate Ist Class, Yamuna Nagar at Jagadhri did not put put in appearance despite being summoned repeatedly through notice, warrants of arrest, as such ultimately proclamation under Sec. 82 Cr.P.C. was published against him calling upon him to appear in the trial Court within 30 days of publication of the said proclamation but he failed to do so, as such he was declared a proclaimed person by Judicial Magistrate Ist Class, Yamuna Nagar at Jagadhri vide order dtd. 8/2/2019. On intimation being given to the local police, formal FIR for the offence under Sec. 174-A IPC was registered against him.