HIMANSHU NARANG Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed under Sec. 528 BNSS, 2023 for quashing of order dtd. 29/4/2023 (Annexure P-4) passed by learned Sub-Divisional Judicial Magistrate, Samalkha in a case bearing NACT No.90/2019, whereby the petitioner was declared as proclaimed person and the consequential FIR bearing No.532 dtd. 9/6/2023 registered under Sec. 174-A IPC at Police Station Samalkha, District Panipat (Annexure P-5) and all consequential proceedings emanating therefrom.

(2.) The brief facts of the present case are that a complaint under Sec. 138 of Negotiable Instruments Act, 1881 was filed against the petitioner and the petitioner was not aware about the said complaint. As such, he did not appear before the trial Court and was declared as proclaimed person vide order dtd. 29/4/2023 (Annexure P-4) and subsequently, FIR (supra) was registered against him.

(3.) Learned counsel for the petitioner submits that the impugned order has been passed in a cryptic manner and the impugned order is liable to be set aside on the ground that the mandate of Sec. 82 of Cr.P.C. has not been followed in its letter and spirit by the trial Court. He further submits that conditions as laid down in Sec. 195 Cr.P.C. have not been followed before the proceedings against the petitioner, which encompasses Sec. 174-A of IPC within its purview.