Crl. Misc. No.M-8810 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No.M-8810 of 2011 Date of Decision: 23.03.2011 Anil Kuamr ....Petitioner Versus State of Punjab and another ...Respondents CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. Vikas Bahl, Advocate for the petitioner. ***** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? ** NIRMALJIT KAUR, J. (ORAL) This is a petition under Section 482 Cr.P.C for quashing/setting aside the order dated 03.02.2011 declaring the petitioner as proclaimed offender in Crl. Complaint No.269 of 2007 dated 12.09.2007 titled as Hardeep Singh vs. Anil Kumar. Learned counsel for the petitioner contends that the petitioner was not aware about the filing of the said complaint or of the summoning order. He was never served with any summons. In October 2007 , the petitioner was admittedly residing in House no.4153, Sector 68, Mohali. Thereafter, he shifted to House no.3473, Sector 37-D, Chandigarh on 15.10.2007. It is further contended that the zimini orders show that apparently the summons were issued with respect to the address at Mohali, whereas, the petitioner has been residing at Chandigarh. Report too shows that the petitioner was never served. The warrants were Crl. Misc. No.M-8810 of 2011 2 received back unexecuted. In spite of the same, the proceedings under Section 82 Cr.P.C have been initiated. It is further contended that the petitioner is now aware and ready to appear before the trial Court. However, without going into the merits of the case and taking into account that the complaint is under Section 138 of the Negotiable Instruments Act, 1881, which is a bailable offence and also considering that there is no reason as to why the petitioner should not have put in appearance if he knew about the case, the present petition is disposed of with a direction that in case, the petitioner appears on or before 30.03.2011 before the trial Court, he shall be released on bail on his furnishing heavy surety to its satisfaction and furnish an undertaking that he shall appear regularly before the Court. (NIRMALJIT KAUR) 23.03.2011 JUDGE gurpreet