MANDEEP SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This petition under Sec. 482 of the Code of Criminal Procedure (for short 'Code') is directed against the order of issuance of proclamation passed by the learned Magistrate on 30.08.2018 and the order dated 30.10.2018, whereby the petitioner has not only been declared as proclaimed person but has further been ordered to be arrested as and when found.

(2.) Brief facts giving rise to the filing of present petition are that petitioner had stood surety to one Smt. Kanti Gulati wife of Shri Vishal Gulati, accused in complaint filed by one Smt. Kush Lata under Sec. 138 of the Negotiable Instruments Act (for short ' Act'). On 08.05.2015, it was reported that non bailable warrants that were issued against the accused had been received back unexecuted, therefore, her bail bonds were cancelled and forfeited in favour of the State of Himachal Pradesh and further proceedings under Sec. 446 of the Code were ordered to be initiated against her as well as the petitioner herein. It is averred that the order dated 08.05.2015, forfeiting the surety bond was never served upon the petitioner, nor the copy thereof received by him and in support of such contention copies of the entire zimini orders passed from time to time have been annexed.

(3.) After initially issuing bailable warrants against the petitioner, the trial Magistrate proceeded to issue non bailable warrants vide order dated 30.11.2017 and when the said warrants were not received back, the learned Magistrate on 30.08.2018 proceeded to pass the following order:-