IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Crl. Misc. No. M-6459 of 2011 (O&M) Date of Decision:03.03.2011 Gurmej Singh and others .....Petitioners Vs. Munsha Singh .....Respondent CORAM:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. P.P.S. Duggall, Advocate for the petitioners. **** DAYA CHAUDHARY, J.(Oral) Crl. Misc. No.11729 of 2011 Allowed as prayed for. Crl. Misc. No. M-6459 of 2011 This petition has been filed under Section 482 Cr.P.C on behalf of the petitioners, namely, Gurmej Singh, Jarnail Singh and Bakshish Singh for setting aside the order dated 18.12.2007 passed by Judicial Magistrate Ist Class, Ferozepur vide which they have been declared Proclaimed Offenders in Complaint Case No.57 dated 15.10.2001. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case on the basis of false allegations and they are not the partners of the firm. The petitioners have been implicated just to put a pressure whereas they ceased to be partners w.e.f. 1.4.1992 and cheque in dispute was not issued during that time. Learned counsel also submits that no service was effected upon the petitioners and even, they were not aware with regard to PO proceedings initiated against them. Learned counsel for the petitioners further submits that the petitioners are Crl. Misc. No. M-6459 of 2011 (O&M) -2- ready to surrender before the trial Court and join the Court proceedings. Heard the arguments of learned counsel for the petitioners and have perused the record. A perusal of impugned order dated 18.12.2007 vide which the petitioners have been declared Proclaimed Offender, shows that it is nowhere mentioned whether the petitioners were aware with regard to proceedings initiated against them or any efforts were made by the Court to effect any service upon them. Admittedly, nothing has been mentioned in the impugned order that the petitioners have wilfully disobeyed the orders of the Court and remained absent. Since the petitioners are ready to surrender before the Court and to join Court proceedings, the present petition is disposed of with a direction to the petitioners to surrender before the trial Court within a period of three weeks from the date of receipt of copy of the order. In case, they surrender before the trial Court, they shall be released on interim bail by the trial Court subject to furnishing of bail bonds and surety bonds to its satisfaction. March 03, 2011 ( DAYA CHAUDHARY ) renu JUDGE