NARESH CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Instant petition, under Sec. 528 of the BNSS, 2023 (earlier Sec. 482 Cr.P.C.), has been filed for quashing of the order dtd. 30/8/2024(Annexure P-3), whereby the petitioner has been declared as proclaimed person, on account of his non-appearance in case NACT-20-2020.

(2.) Learned counsel for the petitioner inter alia contends that there being no information to the petitioner about the date fixed before learned trial Court, he could not join the proceedings in the complaint filed against him under Sec. 138 of the Negotiable Instruments Act. Resultantly, on account of non-appearance, learned Trial Court vide its order dtd. 30/8/2024, declared the petitioner as Proclaimed Person'. For reference, same is reproduced herebelow:

(3.) Learned counsel for the petitioner submits that petitioner is inclined to join the process of law before learned Trial court and undertakes to cooperate throughout the proceedings before the trial Court. Counsel also informs that due to communication gap with his counsel before learned trial Court, petitioner could not appear before it. Learned counsel further submits that the non-appearance of the petitioner before learned Trial Court was neither intentional nor a deliberate act, rather it was due to the reason explained and noticed hereinabove.