BALJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer by way of this petition filed under Sec. 482 Cr.P.C is to quash FIR No.203 dtd. 7/8/2019 registered under Sec. 174-A IPC at Police Station Sadar Tarn Taran, District Tarn Taran and all the subsequent proceedings emanating therefrom.

(2.) It is contended that Tarn Taran Primary Cooperative Agriculture Development Bank Limited, Branch Tarn Taran had instituted a criminal complaint to prosecute the accused (petitioner) under Sec. 138 of the Negotiable Instruments Act with the averments that the petitioner had taken loan by mortgaging his landed property but defaulted in making payment on installments. Cheque issued by the petitioner in discharge of his outstanding dues was dishonored on presentation. Petitioner failed to make the payment despite notice. Complaint was filed.

(3.) It is contended that no summons were received by the petitioner at any point of time. Learned Chief Judicial Magistrate, Tarn Taran by wrongly observing that petitioner was avoiding to receive summons or was avoiding to be served through warrants of arrest, issued proclamation under Sec. 82 Cr.P.C. Though no proclamation had been issued for 22/10/2018, petitioner was declared proclaimed person on account of the proclamation having been issued for 5/10/2018. On direction of the learned Chief Judicial Magistrate, Tarn Taran, present FIR under Sec. 174-A IPC was registered.