In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-16041 of 2010 ..... Date of decision:27.5.2010 Ravi Kumar .....Petitioner v. State of Punjab and another .....Respondents .... Present: Mr. K.D.S. Sodhi, Advocate for the petitioner. ..... S.S. Saron, J. This petition has been filed under Section 482 Cr.P.C. for quashing the order dated 17.3.2009 (Annexure-P.2) passed by the learned Judicial Magistrate Ist Class, Jalandhar whereby the petitioner has been declared a proclaimed offender in a complaint case titled Deepak Jain v. Ravi Kumar alleging commission of offence under Section 138 of the Negotiable Instruments Act, 1881. Learned counsel for the petitioner has contended that the petitioner was not residing at the address as mentioned in the complaint (Annexure-P.1). The address of the petitioner has been mentioned as that of Samba (J&K). The petitioner, in fact, is staying at Jalandhar. Therefore, it is submitted that the petitioner was not served in the complaint (Annexure- P.1) and he has no knowledge about the pendency of the complaint. The order declaring him as a proclaimed offender in the circumstances, it is submitted, is unsustainable in law. In any case, it is submitted that the petitioner is willing to pay an amount of Rs.1 Lac to respondent No.2 for Cr. Misc. No.M-16041 of 2010 [2] which he has brought a draft in the name of respondent No.2. After giving my thoughtful consideration to the matter, it may be noticed that the contention of the learned counsel that the petitioner has not been served at the address at Jammu is liable to be determined after evidence is led. In the complaint (Annexure-P.1) it is alleged in para 6 thereof that legal notice was sent at the address as mentioned in para 5. The legal notice at the address at Samba in J&K it is averred was duly received by the accused (petitioner). It is further stated that the accused (petitioner) has failed to remit the payment of the dishonoured cheques. Therefore, if the legal notice could have been received at the address of Samba in the State of J&K there is no reason why summons in the complaint (Annexure- P.1) would not have been received. This indeed is a disputed question of fact which is to be determined after evidence has been led. In any case, the petitioner has appeared and is ready to tender the amount of Rs.1 Lac which it is stated is the disputed amount. Besides, he has stated that he is willing to even otherwise compensate complainant-respondent No.2. In the circumstances, it would be just and expedient to dispose of the petition by directing him to appear before the learned Judicial Magistrate Ist Class at Jalandhar and tender an amount of Rs.1 Lac in the said Court for payment to respondent No.2. It is for respondent No.2 to accept or not accept the same along with other compensation as may be agreed. Accordingly, the criminal miscellaneous petition is disposed of with the direction to the petitioner to appear before the learned Judicial Magistrate Ist Class, Jalandhar within a week from the receipt of copy of the order and in case an application for bail is filed, the petitioner shall be Cr. Misc. No.M-16041 of 2010 [3] admitted to bail on his furnishing personal bond and surety to the satisfaction of the learned Judicial Magistrate Ist Class, Jalandhar. The amount of Rs.1 Lac shall be tendered in the Court and the complainant shall be asked as to whether he is willing to compound the offence by receiving the due amount and also other compensation as may be agreed. The criminal miscellaneous petition is accordingly disposed of. May 27, 2010. (S.S. Saron) Judge *hsp*