KIRAN BAKSHI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed by the petitioner for quashing of order dtd. 25/2/2019 whereby the petitioner has wrongly been declared as proclaimed person in complaint No. 941 dtd. 1/7/2015 registered under Sec. 138 of Negotiable Instrument Act pending in the Court of learned Judicial Magistrate 1st Class, Ambala.

(2.) Learned counsel for the petitioner contends that the petitioner was regularly appearing before the trial Court. She was released on bail. She had either been seeking exemption from the Court or was appearing before it. However, on 18/12/2018, the petitioner had moved an application for exemption from personal appearance. But, the trial Court rejected the application and has cancelled the bail granted to the petitioner. Thereafter, the petitioner has even been declared as proclaimed person in the same case vide order dtd. 25/2/2019. It is further submitted by the counsel that non-appearance before the trial Court was not intentional. Rather, she was facing medical problem, therefore, she could not appear before the trial Court. Still further, it is submitted that the petitioner was all alone to take care of her illness and her family, because the husband of the petitioner is already in custody in the connected case. It is further submitted that the procedure prescribed under Sec. 82 Cr.P.C., 1973 has not even been properly complied with; before declaring the petitioner as a proclaimed person. However, since the petitioner has now come to know of the fact that the petitioner has been declared as a proclaimed person and further that she is to appear before the trial Court, therefore, the petitioner intends to appear before the trial Court to face the further proceedings in accordance with law. The only prayer is that the petitioner be protected against her arrest.

(3.) Notice of motion for respondent No. 1 only.