IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Crl. Misc. No. M-7241 of 2011 (O&M) Date of Decision:10.03.2011 Bhupinder Singh Thind .....Petitioner Vs. Bhagwan Singh Sidhu .....Respondent CORAM:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. Rajiv Saini, Advocate for the petitioner. **** DAYA CHAUDHARY, J.(Oral) Crl. Misc. No.13246 of 2011 Allowed as prayed for. Crl. Misc. No. M-7241 of 2011 The present petition has been filed under Section 482 Cr.P.C on behalf of the petitioner Bhupinder Singh Thind for quashing of complaint bearing No.129 dated 19.7.2008 as well as summoning order dated 18.3.2009 and also the order dated 24.12.2009 vide which the petitioner has been declared Proclaimed Offender. Learned counsel for the petitioner submits that he has been falsely implicated in the case and was never served with the notice and on the basis of wrong statement of the Process Server, he has been declared as Proclaimed Offender. Learned counsel also submits that the petitioner was not posted at the address given in the complaint as he was posted in the Office of DGP, Himachal Pradesh, which is located 2 Kms. away from that place. Learned counsel further submits that it was not the intention of the Crl. Misc. No. M-7241 of 2011 (O&M) -2- petitioner to avoid the Court proceedings as he has already been attending the Court proceedings in some other complaint which is pending in the adjoining Court. Learned counsel further submits that service upon the petitioner was not effected in any manner and there is nothing on the record that he avoided the service or remained absent willfully from the Court proceedings. Learned counsel for the petitioner also submits that otherwise also the cheque in dispute was given as security and not to fulfil any legal obligation and he relies upon the judgment of Hon'ble the Supreme Court in M/s Harman Electronics Pvt. Ltd. v. M/s National Panasonic India, 2009(1) RCR (Crl.) 458 (SC). As the petitioner is Proclaimed Offender and he has challenged the PO order also, the complaint cannot be quashed at this stage but keeping in view the fact that since the petitioner is ready to surrender before the trial Court and to join the Court proceedings as he was never served by the trial Court and as per PO order also, it is clear that he never avoided the service in any manner and he did not remain absent wilfully. The present petition is disposed of with a direction to the petitioner to surrender before the trial Court within a period of two 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 on furnishing of bail bonds and surety bonds to its satisfaction. March 10, 2011 ( DAYA CHAUDHARY ) renu JUDGE