NIKHIL GARG Vs. MS SUPER JEWELERS PVT. LTD

JUDGEMENT

(1.) (Oral) - Prayer in this petition filed under Sec. 482 Crimial P.C. is for quashing of order dated 2.7.2016, whereby the petitioner has been declared as proclaimed offender by Chief Judicial Magistrate, Bathinda in a private complaint No.4891 of 2015 filed under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, the Act ).

(2.) As per the averments made in the petition, the allegation against the petitioner is that he has issued a cheque amount to Rs.1,30,000.00 from his bank account in State Bank of India, Bathinda in favour of the respondent-complainant company on account of purchasing of gold. However, when the said cheque was presented for encashment, the same was returned back with the memo of 'Funds Insufficient'. Accordingly, the respondent-complainant filed a private complaint against the petitioner, wherein summons were issued against the petitioner, but due to non-receipt of summons by the petitioner, warrants were issued against him. However, when even warrants were returned unserved, proclamation proceedings under Sec. 82/83 Crimial P.C. were initiated against him.

(3.) Learned counsel for the petitioner has argued that neither any notice was served upon the petitioner nor summons were served upon him. He states that he is not residing at the given address where the summons were sent for service. The petitioner has no knowledge regarding filing or pendency of the complaint in question.