BHUPINDER SINGH CHAWLA Vs. SMT. RAJWINDER KAUR

JUDGEMENT

(1.) PETITIONER is facing trial in a complaint under Section 138 of Negotiable Instruments Act. The complaint has been annexed as Annexure P -6. Petitioner has been summoned as accused vide summoning order dated 16th July, 2005. Petitioner was declared as proclaimed offender on 12th June, 2008.

(2.) COUNSEL for the petitioner has drawn my attention to Section 177(a) of the Indian Penal Code, to say that if a person is declared as proclaimed offender, it is an offence in itself and it cannot be construed to deny benefit to the petitioner in the present case, especially when he is ready and willing to deposit the entire amount of cheque, along with interest and cost. It is stated that in the present case, amount of cheque is Rs. 29,494/ -.

(3.) WITH these observations, present petition is disposed off.