Keshav Kumar and Anr vs State of Haryana and Anr.

NEERJA K. KALSON, J. (ORAL)

Prayer in the present petition is for quashing of the impugned order dated 16.10.2024 (Annexure P-37) passed by learned Judicial Magistrate First Class, Gurugram, in Complaint Case No.10261-NACT of 2018, titled "Ajit Versus Kalka Home Developer Private Limited and Others", whereby the petitioners have been declared proclaimed persons, as well as for quashing of FIR No.89 dated 23.03.2026, registered under Section 209 of the Bharatiya Nyaya Sanhita, 2023, at Police Station Manesar, District Gurugram, along with all consequential proceedings.

It has been contended by learned counsel for the petitioners that the complaint in question was instituted under Section 138 of the Negotiable Instruments Act, 1881, in respect of a cheque amounting to Rs.1,70,000/-. Petitioner No.1 had appeared before the learned Trial Court on 18.03.2021 (Annexure P-11) and was admitted to bail, whereas counsel also appeared on behalf of the petitioners and moved applications for exemption from personal appearance. It is further submitted that on 12.11.2021 (Annexure P-13) learned counsel for the complainant made a statement before the learned Trial Court that the entire cheque amount of Rs.1,70,000/- had been received from the accused side. Thereafter, the petitioners remained under a bona fide impression, on the advice of their counsel, that their personal appearance was not required. It is further submitted that the petitioners had also pursued an application for compounding of the offence, which was dismissed on 16.07.2024, but the petitioners were not informed about the dismissal thereof. Subsequently, their bail was cancelled, non-bailable warrants were issued and proclamation proceedings were initiated. Vide order dated 16.10.2024 (Annexure P-37) the learned Trial Court declared the petitioners proclaimed persons.

Learned counsel further submits that the proclamation proceedings were not duly effected at the actual residential addresses of the petitioners and that the petitioners never intentionally absconded or evaded the process of law. It is submitted that both petitioners are permanent residents of Faridabad and are ready and willing to appear before the learned Trial Court, furnish fresh bail/surety bonds and participate in the proceedings.

Notice of motion.

Mr. Sushil Bhardwaj, Addl. A.G., Haryana accepts notice on behalf of the State and submits that the petitioners had intentionally not appeared before the trial Court and thus, learned trial Court has rightly cancelled their bail.

After hearing learned counsel for the parties and perusing the record, it is evident that due to non-appearance of the petitioners, coercive proceedings were initiated against the petitioners and ultimately the petitioners were declared proclaimed persons vide order dated 16.10.2024. The Court without going into the authenticity of the ground taken for the absence of the petitioners, deems it appropriate to direct the petitioners to appear before the Court concerned and to face the trial in the present case. In these circumstances, when the petitioners are ready to join the trial and face the proceedings, the order dated 16.10.2024, is set aside, subject to deposit of costs of Rs.20,000/- with the District Legal Service Authority, Faridabad by the petitioners within a period of seven days from the date of receipt of copy of this order.

The petitioners are directed to appear before the trial Court within a period of ten days from the date of receipt of copy of this order and file an appropriate application alongwith receipt of costs of Rs.20,000/- and the trial Court would grant them bail till the disposal of the case on their furnishing fresh bail/surety bonds. The petitioners will have protection from arrest for a period of ten days from the date of receipt of copy of this order. The trial Court is free to impose any condition it deems necessary on the petitioners while admitting them to bail.

Needless to say that in case the petitioners fail to comply with the above said direction, this order would be of no avail to them and the order dated 16.10.2024 (Annexure P-37) will come in force and the present petition shall be deemed to have been dismissed.

Petition stands disposed of in abovesaid terms.