Crl. Misc. No. M-1652 of 2011 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl. Misc. No. M-1652 of 2011 (O&M) Date of Decision: 29.7.2011 Smt. Veena Rani ..Petitioner. Vs. Ravinder Kumar ..Respondent. CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present : Mr. O.P. Kamboj, Advocate for the petitioner. Rajesh Bindal, J. While issuing notice of motion on 19.1.2011, the following contentions of learned counsel for the petitioner were recorded: “Learned counsel for the petitioner inter alia contends that the petitioner was never served in the complaint (Annexure P-1) filed by Ravinder Kumar (respondent) in the Court of learned Chief Judicial Magistrate, Ferozepur. Even otherwise, it is submitted that the petitioner is the wife of Subhash Chand and is not the wife of Krishan Lal @ Kewal Krishan as mentioned in the complaint (Annexure P-1). Therefore, it is submitted that the petitioner was wrongly declared a proclaimed offender vide order dated 1.10.2010 (Annexure P-2) passed by the learned Judicial Magistrate Ist Class, Ferozepur. It is also submitted that the address of the petitioner has also been wrongly mentioned.” It is a complaint filed by the respondent under Sections 138/142 of Negotiable Instruments Act, 1881 (for short, `the Act'). The petitioner in the present case was declared proclaimed offender. As noticed aforesaid, the case set up by the petitioner is that name of husband as well as her address were wrongly mentioned in the complaint filed. It is for this reason that she though was not served but was declared proclaimed offender. In terms of Crl. Misc. No. M-1652 of 2011 -2- the order passed by this Court on 19.1.2011, the petitioner has already appeared before the Court below and submitted her bail bonds. The efforts are being made to serve the respondent but he has not been served. The petition can not be kept pending indefinitely. It is a complaint case under Sections 138/142 of the Act and the petitioner has already put in appearance before the Court below and submitted her bail bonds. It is further undertaken that she will continue to appear in the Court regularly except for the dates she is granted exemption from personal appearance so that trial of the complaint is not delayed. Considering the aforesaid facts, interim bail granted to the petitioner on 19.1.2011 is made absolute. The petition stands disposed of. ( Rajesh Bindal ) 29.7.2011 Judge Meenu