RAJESH ANAND Vs. U.T. CHANDIGARH

JUDGEMENT

(1.) Seeking quashing of the order dtd. 13/7/2022 passed by the learned Judicial Magistrate, Ist Class, Chandigarh, in NACT 17859/2018, vide which the petitioner was declared proclaimed offender in a complaint filed u/s 138 of NI Act, the petitioner through his wife, has come up before this Court.

(2.) Counsel for the petitioner submits that on accused getting mental sickness, an application under Sec. 329 CrPC was filed by his guardian which is still pending and in the meantime, the accused was declared proclaimed offender. Counsel for the accused further submits that the order dtd. 29/9/2022 has been complied with.

(3.) Given the fact that the application was filed under Sec. 329 CrPC and it is undisputed that the accused had mental sickness, as such, order dtd. 13/7/2022 is quashed and set aside.