TULSA DEVI TRIPATHI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed under Sec. 528 BNSS, 2023 for quashing of order dtd. 3/11/2022 (Annexure P P-1) passed by the learned Judicial Magistrate First Class, Gurugram in a case bearing NACT No.19718/2017 titled as 'M/s M/s India Infoline Housing Finance Ltd. vs. Tulsa Devi Tripathi' whereby the petitioner was declared as proclaimed person and the consequential FIR bearing No.2041 dtd. 3/12/2022 registered under Sec. 174-A IPC at Police Station Shivaji Nagar, District Gurugram (Annexure P-2) 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, wherein the petitioner was declared as proclaimed person vide order dtd. 3/11/2022 (Annexure P-1) 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 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. 174 174-A of IPC within its purview.