RAJNEESH KHANNA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition filed under Sec. 482 Crimial P.C., 1973 is for quashing of order dated 05.09.2016 (Annexure P-2) passed by learned Judicial Magistrate 1st Class, Ambala City in criminal complaint under section 138 of the Negotiable Instruments Act, 1881 (for short, the NIA Act) titled as "Rajan Versus Rajneesh Khanna" vide which the petitioner has been declared as a proclaimed person and a direction was issued to the police to register an FIR under Sec. 174-A against the petitioner.

(2.) Prayer has also been made for quashing of resultant FIR No.387 dated 29.09.2016 under Sec. 174-A Penal Code registered at Police Station Ambala City (Annexure P-5).

(3.) Learned counsel for the petitioner states that the petitioner was never served in the case and, therefore, he could not appear before learned trial Court as he was not aware of the complaint under Sec. 138 of the NIA Act pending against him. However, when the petitioner came to know that he has been declared as a proclaimed person, he had moved an application for anticipatory bail before the Court of Session, Ambala. Vide order dated 02.01.2017 passed by learned Additional Sessions Judge, Ambala, the said application was allowed and the petitioner was granted anticipatory bail. He further contends that even in the reply submitted by the police in the application seeking anticipatory bail, it was admitted by the police that the petitioner was not residing at the given address.