RAJINDER GHAZTA Vs. STATE OF H. P.

JUDGEMENT

(1.) The petitioner was declared a proclaimed offender in a case titled Nisha versus Rajinder Gazta for the commission of an offence punishable under Sec. 138 of the Negotiable Instruments Act by learned Judicial Magistrate First Class (JMFC)-III, Shimla. The police arrested him on 6/6/2022 at 8.00 PM, He was produced before the Court. The Court remanded him to custody till 7/6/2022 and advised the registration of FIR for the commission of an offence punishable under Sec. 174-A of IPC. The police registered the FIR No. 24 of 2022.

(2.) The petitioner filed the present petition for quashing the FIR. It was asserted that the petitioner never received any of notice/summon from the Court of JMFC-III, Shimla. As per the rt order dtd. 29/8/2019, the notice was not received back. The bailable warrants were issued returnable for 19/4/2019. Non- bailable warrants of arrest were issued to secure the presence of the petitioner returnable for 18/2/2020. The bailable warrants were also not served upon the petitioner. The petitioner and the complainant have entered into a compromise. Therefore, it was prayed that the present petition be allowed and the FIR be quashed.

(3.) A status report was filed by the State reproducing the contents of the FIR. It was asserted that the police conducted the investigation and seized the record regarding the declaration of the petitioner as a proclaimed offender. The challan was prepared and presented before learned JMFC, Chopal and is pending disposal.