Punjab-Haryana High Court
M/S Aqua Enterprises vs M/S Manvi Enterprises And Another on 30 January, 2019
Author: Shekher Dhawan
Bench: Shekher Dhawan
In the High Court of Punjab and Haryana, at Chandigarh
Criminal Misc. No. M-55648 of 2018
Date of Decision: 30.01.2019
M/s Aqua Enterprises
... Petitioner(s)
Versus
M/s Manvi Enterprises and Another
... Respondent(s)
CORAM: Hon'ble Mr. Justice Shekher Dhawan.
Present: Mr. Jai Bhagwan Sharma, Advocate
for the petitioner(s).
Shekher Dhawan, J.
Present petition under Section 482 Cr.P.C. for quashing of order dated 13.08.2018 (Annexure P1), passed by the learned Judicial Magistrate Ist Class, Faridabad, whereby complaint under Section 138/141 read with Section 142 of the Negotiable Instruments Act, 1881 was dismissed for non-filing of correct address of the accused person.
Learned counsel for the petitioner contended that earlier, the learned trial Court started the proceedings under Sections 82 & 83 Cr.P.C. as regard to declaration of accused person as proclaimed offender because his presence could not be procured despite issuing several processes and thereafter, strangely, the impugned order was passed. For ready reference, order dated 13.08.2018 is extracted hereunder:-
"Notice to accused could not be issued for want of correct address, copy of complaint, R.C. etc. Perusal of the 1 of 3 ::: Downloaded on - 17-02-2019 23:36:25 ::: Criminal Misc. No. M-55648 of 2018 2 case file shows that on the last date notice issued to the accused received back unserved with the report of incorrect address and thereafter, specific direction was given to the complainant to file the correct address along with copy of complaint, R.C. etc. within seven days. But complainant has not filed the same within stipulated time. Even today also neither the correct address of accused filed, nor complainant is present today. This complaint pertains to year 2016 and still notice to the accused not served so far for want of correct address etc. Today was the last opportunity but complainant has made no effort to effect the service on the accused. It clearly shows that complainant is not interested to prosecute the present complaint as after availing sufficient opportunities, accused failed to file correct address, copy of complaint, R.C. etc. Hence, the present complaint is hereby dismissed under Section 204(4) of Cr.P.C. and for want of prosecution.
File be consigned to record room, after due compliance".
Having considered the submissions made by learned counsel for the petitioner, this Court is of the view that the learned trial Magistrate has not considered the correct facts and completely ignored the fact that earlier, the Court was of the view that presence of the accused could not be procured; proceedings under Sections 82 & 83 Cr.P.C. were initiated; processes were issued for declaring the accused person as proclaimed offender and thereafter, the complaint was dismissed simply on the ground 2 of 3 ::: Downloaded on - 17-02-2019 23:36:26 ::: Criminal Misc. No. M-55648 of 2018 3 that correct address of the respondents was not filed. As such, present petition is hereby accepted and the impugned order dated 13.08.2018 (Annexure P1) stands set aside. Learned trial Judge is directed to proceed with the complaint from the same stage i.e. regarding completion of proceedings under Sections 82 & 83 Cr.P.C.
(Shekher Dhawan) Judge January 30, 2019 "DK"
Whether speaking/reasoned :Yes/No
Whether reportable : Yes/No
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