Criminal Misc. No.M-4399 of 2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-4399 of 2009 Date of decision:12th May, 2009 Rajesh Kumar ......Petitioner Versus State of Punjab and another ......Respondent Before: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Vishal Deep Goyal, Advocate for the petitioner. Mr. B.B.S.Teji, AAG, Punjab for respondent no.1. None for respondent no. 2. RAJIVE BHALLA, J.(Oral) Prayer in this petition is for quashing of the order dated 20.12.2007(Annexure P-9), passed by the learned Judicial Magistrate Ist Class, Ludhiana, declaring the petitioner a proclaimed offender. The petitioner is arrayed as a respondent in a private complaint. On 6.09.2007, the trial Court issued non-bailable warrants. As these warrants could not be executed the petitioner was declared a proclaimed offender, by order dated 20.12.2007. Counsel for the petitioner submits that the complainant intentionally furnished the petitioner's wrong address,. The petitioner is a resident of House No. 8, Agar Nagar, Gaushala Road, Sangrur and his factory, M/s Sangrur Milk Products Pvt. Ltd., is situated at Rural Focal Point, Vill. Bhindran(Sangrur), whereas, in the complaint his address is given as Aditya Factory, Milk Product Pvt. Ltd. Focal Point, Patiala Road, Sangrur. It is prayed that as the complainant 1 Criminal Misc. No.M-4399 of 2009 intentionally furnished a wrong address and misled the trial Court, the impugned order be set aside. Despite service no one has put in appearance on behalf of the complainant/respondent no. 2. On 19.02.2009, after hearing counsel for the petitioner and considering the above facts, the following order was passed. “Counsel for the petitioner submits that though the petitioner has been declared a proclaimed offender, but as the proceedings relate to a private complaint, filed under Section 138 of the Negotiable Instruments Act, the petitioner is ready to discharge his liability and for the said purpose, has brought a Demand Draft No. 272216, dated 18.02.2009, in a sum of Rs.12,500/- drawn on Indian Bank. The Demand Draft is taken on record and the Registrar is directed to place the Demand Draft in a sealed cover. Notice of motion for 20.03.2009. In case, the petitioner surrenders before the trial Court within a week from today, he shall be admitted to ad-interim bail, subject to the satisfaction of the trial Court.” It appears from the facts, referred to by counsel for the petitioner that the complainant/respondent no. 2 intentionally furnished an incorrect address and it is for this reason that he is not coming forward, to oppose the present petition. In view of the absence of any opposition to the present petition, I have no option but to accept the correctness of submission made by counsel for the petitioner and hold that the petitioner was served at a wrong address and therefore, could not have been declared a proclaimed offender. In view of what has been stated hereinabove, the petition is allowed, the order dated 20.12.2007 is set aside, and the ad- 2 Criminal Misc. No.M-4399 of 2009 interim bail granted to the petitioner, pursuant to orders of this Court dated 19.02.2009 is made absolute. Registrar is directed to return the Demand draft of Rs. 12,500/- to the petitioner. [RAJIVE BHALLA] JUDGE 12th May, 2009 SKaushik 3