Sandeep Kumar vs Rajinder Kumar And Others

Anoop Chitkara, J

Challenging the proclamation order and issuance of NBWs, the accused has come up before this Court, under Section 482 Cr.PC, seeking quashing of such orders.

Vide order dated 22.4.2019, the Judicial Magistrate First Class, declared the petitioner as a Proclaimed Offender in case No.126/3 of 2017, titled as Rajender Kumar vs. Sandeep Kumar.

Earlier to that, Non Bailable Warrants were issued against the accused on various occasions, including 29.3.2018, 2.5.2018 and 28.6.2018.

Feeling aggrieved, the petitioner came up before this Court, under Section 482 Cr.PC. Learned counsel for the petitioner argued that the accused shall appear before the trial Court on the date and time fixed by this Court and he has prayed for recalling of the NBWs as well as proclamation.

Given the COVID-19 Pandemic scenario, coupled with the fact that the cheque amount was only for Rs.1,05,000/-, this Court is of the opinion that another opportunity can be given to the accused.

Given  above,  the  orders  issuing  Non  Bailable  Warrants  dated 29. 3.2018, 2.5.2018 and 28.6.2018 and Proclamation Order dated 22.4.2019, are set aside, subject to the condition that the petitioner shall remain present before the trial Court on 1.10.2021 by 10:00 a.m. However, in case of any personal difficulty he fails to appear on the said date, he shall positively appear on 8.10.2021 by 10:00 a.m. It is clarified that in case the petitioner fails to put in appearance on both the dates, then this order shall automatically stand recalled without any further orders in this regard.

There would be no need for a certified copy of this order and counsel for the petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy.

Pending application(s), if any, are also closed.