Rajan vs Central Bank of India

NEERJA K. KALSON, J. (ORAL)

Prayer in the present petition is for quashing of the impugned order dated 14.07.2026, passed by learned Judicial Magistrate First Class, Gharaunda, whereby the petitioner has been declared as a proclaimed person in Complaint No. NACT-1982-2025 dated 06.07.2023 under Sections 138 and 142 of the Negotiable Instruments Act, 1881 and further proceedings initiated pursuant thereto, including the direction for registration of FIR.

It has been contended by learned counsel for the petitioner that the petitioner had no knowledge of the pendency of the complaint and that the warrants issued against him were never served upon him. He submits that the proceedings for proclamation were initiated without due compliance of the provisions of Section 82 of the Cr.P.C. and that the statutory period of 30 days was not granted to the petitioner to appear before the trial Court. He further submits that the proclamation was not duly published or affixed in the manner prescribed under law and that, despite the proclamation proceedings having been deferred, the petitioner was subsequently declared a proclaimed person without carrying out fresh proclamation proceedings. He submits that meanwhile the dispute between the petitioner and the respondent-bank has been amicably settled and the entire matter has been resolved, pursuant to which the respondent-bank has withdrawn the complaint and the same stands dismissed as withdrawn vide order dated 06.08.2026 (Annexure P-7). He further submits that the petitioner is ready to appear before the trial Court and abide by all the terms and conditions, if any, imposed by this Court.

Notice of motion.

Learned counsel for the respondent-bank states that he has no objection to the prayer made by the petitioner in view of the fact that the complaint has already been withdrawn and dismissed as such.

After hearing learned counsel for the parties and perusing the record, it is evident that due to non-appearance of the petitioner, proclamation proceedings were initiated against him and the petitioner was thereafter declared as a proclaimed person vide order dated 14.07.2026. The Court without going into the authenticity of the ground taken for the absence of the petitioner, deems it appropriate to direct the petitioner to appear before the Court concerned and to face the proceedings, if any, in accordance with law. In these circumstances, when the petitioner is ready to appear before the Court and face the proceedings and the main complaint itself has already been dismissed as withdrawn vide order dated 06.08.2026 (Annexure P-7), the order dated 14.07.2026, is set aside, subject to deposit of costs of Rs.30,000/- with the District Legal Service Authority, Karnal, Haryana by the petitioner within a period of seven days from the date of receipt of copy of this order.

The petitioner is 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.30,000/-. The trial Court shall thereafter pass appropriate orders in accordance with law. The petitioner 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 likes on the petitioner while dealing with the proceedings.

Needless to say that in case the petitioner fails to comply with the abovesaid direction, this order would be of no avail to him and the order dated 14.07.2026 will come in force and the present petition shall be deemed to have been dismissed.

Petition stands disposed of in abovesaid terms.