IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Crl. Misc. No. M-3842 of 2011 (O&M) Date of Decision:07.02.2011 Harish Rana .....Petitioner Vs. State of Punjab and another .....Respondents CORAM:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. Sanjay Gupta, Advocate for the petitioner. **** DAYA CHAUDHARY, J.(Oral) Crl. Misc. No.7054 of 2011 Application is allowed as prayed for. Crl. Misc. No. M-3842 of 2011 This petition has been filed under Section 482 Cr.P.C on behalf of the petitioner – Harish Rana for setting aside the order dated 12.1.2009 passed by JMIC, Jalandhar vide which he has been declared Proclaimed Offender in complaint case No.445 dated 18.5.2006 under Section 138 of the Negotiable Instruments Act, 1881. Learned counsel for the petitioner submits that earlier the petitioner was appearing in the Court regularly and was also released on bail on 15.1.2006. The examining-in-chief of the complainant was recorded and cross-examination was deferred to 7.4.2007. The petitioner appeared on that date but the complainant was not present in the Court and the case was adjourned to 11.7.2007 for cross-examination of the complainant. On Crl. Misc. No. M-3842 of 2011 (O&M) -2- 11.7.2007 also, the petitioner was present before the trial Court to cross- examine the complainant but again the complainant was not present. The case was adjourned to 19.10.2007. Meanwhile, the petitioner shifted to Bombay. Learned counsel for the petitioner further submits that when the petitioner was at Bombay, he was declared Proclaimed Offender on 12.1.2009 and no service was effected upon him. Learned counsel for the petitioner also submits that even no efforts whatsoever were ever made to serve him in any manner and without conducting any inquiry which is mandatory under Section 202 Cr.P.C, the petitioner was declared Proclaimed Offender. Learned counsel for the petitioner further submits that the petitioner is ready to surrender before the trial Court and join the Court proceedings. Heard the arguments of learned counsel for the petitioner and have perused the record. A perusal of impugned order dated 12.1.2009 vide which the petitioner has been declared Proclaimed Offender shows that it is nowhere mentioned whether the petitioner was aware with regard to proceedings initiated against him or any efforts were made by the Court to effect any service upon him. Admittedly, the petitioner was away to Bombay and nothing has been mentioned in the impugned order that the petitioner has wilfully disobeyed the orders of the Court, therefore, remained absent. Since the petitioner is also ready to surrender before the Court and to join Court proceedings, the present petition is disposed of with a direction to the petitioner to surrender before the trial Court within a period of three weeks from the date of receipt of copy of the order. In case, he surrenders before the trial Court, he shall be released on interim bail by the trial Court subject Crl. Misc. No. M-3842 of 2011 (O&M) -3- to payment of costs of Rs.10,000/-, which is to be deposited by the petitioner with Punjab Legal Services Authority. February 07, 2011 ( DAYA CHAUDHARY ) renu JUDGE