Himachal Pradesh High Court
Som Dutt vs State Of H.P & Another on 8 February, 2019
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MMO No.64 of 20-19
Decided on: 08.02.2019
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Som Dutt ...Petitioner.
Versus
State of H.P & another ...Respondents.
Coram
The Hon'ble Mr.Justice Sandeep Sharma, Judge
Whether approved for reporting?
For the petitioner: Mr.N.K. Tomar, Advocate.
For the respondents: Mr.Nand Lal Thakur, Additional Advocate
General, for respondent No.1.
Sandeep Sharma, Judge (Oral)
By way of present Criminal Miscellaneous Petition, filed under Article 227 of the Constitution of India read with Section 482 of Cr.P.C. prayer has been made on behalf of the petitioner for setting aside proclamation order issued against him under Section 82 of Cr.P.C. in case No.78/3 of 12 by the Court of learned Judicial Magistrate 1st Class, Rajgarh, District Sirmaur, H.P. in a criminal complaint lodged at the behest of respondent No.2 under Section 138 of the Negotiable Instruments Act.
2. Perusal of averments contained in the petition, which is duly supported by an affidavit, suggests that a compliant under Section 138 of Negotiable Instruments Act came to be instituted against the present petitioner i.e. Criminal Case No.78/3 of 2012, ::: Downloaded on - 11/02/2019 22:00:42 :::HCHP 2 however, on account of continuous absence of the petitioner, non-
bailable warrants of arrest were issued against the petitioner.
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Since despite issuance of non-bailable warrants of arrest, the petitioner failed to appear before the Court below, learned Court below issued proclamation under Section 82 of Cr.P.C., directing therein the SHO, Police Station, Rajgarh to publish proclamation in accordance with the provision contained under Section 80(2) Cr.P.C.
3. to The petitioner, who has approached this Court by way of instant proceedings, has stated that he was not aware of the institution of case against him in the Court of learned Judicial Magistrate 1st Class, Rajgarh, District Sirmaur and as such, he was unable to make himself available before the Court below.
The petitioner has further stated that the factum with regard to issuance of non-bailable warrants and affixation thereof on his address also came to his notice recently whereafter he has approached this Court on account of apprehending his arrest.
Though having perused proclamation order, which was admittedly issued on 26th May, 2016, this Court sees no reason to interfere in the matter, however, as a matter of indulgence and by way of last opportunity this Court deems it fit to grant one opportunity to the petitioner to present himself before the Court below and ::: Downloaded on - 11/02/2019 22:00:42 :::HCHP 3 accordingly, the present petition is disposed of in the following terms:
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(a) The petitioner herein shall make himself available before the Court below i.e. Judicial Magistrate 1st Class, Rajgarh, District Sirmaur on or before 20th February, 2019, failing which he would render himself liable for arrest in terms of proclamation already issued by the Court below.
(b) During the aforesaid period i.e between 8.2.2019 to 20.2.2019 the petitioner shall not be arrested in terms of proclamation order dated 26th May, 2016 issued by Judicial Magistrate 1st Class, Rajgarh, District Sirmaur and it is further clarified that as and when the petitioner makes himself available before the Court below, he would move an appropriate application, praying therein for grant of his bail. Interim protection granted by this Court is available to the petitioner till 20.2.2019, whereafter necessary order, if required shall be passed by the Court below, in accordance with law.
Pending application(s), if any, also stands dispsoed of.
Copy dasti.
( Sandeep Sharma ), Vacation Judge February 08, 2019 ( vt ) ::: Downloaded on - 11/02/2019 22:00:42 :::HCHP