BHAVIN TANWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant petition under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'), involves challenge to the order dtd. 16/5/2022, passed by learned Special Metropolitan Magistrate, No.10 (N.I. Act Cases), Jodhpur Metropolitan (hereinafter referred to as 'the trial Court') whereby the petitioner has been declared absconder and proceedings under Ss. 82 and 83 of the Code have been initiated.

(2.) Mr. Kotwani, learned counsel for the petitioner, invited Court's attention towards the proceedings of the trial Court and contended that the petitioner has never received any summons issued by the trial Court. He submitted that the fact that he never received any summons can be deciphered from a simple reading of the order impugned dtd. 16/5/2022, inasmuch as the trial Court itself has proceeded on conjectures, without recording any finding as to when the petitioner was served with the summons.

(3.) It was argued that without recording its satisfaction about petitioner's intention to avoid the proceedings or to abscond, the trial Court has initiated proceedings under Ss. 82 and 83 of the Code and issued standing warrant against the petitioner, ignoring the facts and law involved in the present case.