IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-34648 of 2009 (O&M) Date of decision : 14.12.2009 Rakesh Kumar ....Petitioner Versus State of Punjab and another ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present: Mr. Nakul Sharma, Advocate for the petitioner. .... MAHESH GROVER, J. Crl. Misc.No.62425 & 26 of 2009 Crl.Misc. are allowed as prayed for. Crl.Misc.No.M-34648 of 2009 This is a petition under Section 438 of the Code of Criminal Procedure for release of the petitioner in terms thereof in a complaint case initiated by respondent No.2 under the provisions of Sections 138/142 of Negotiable Instruments Act. From the perusal of impugned order it transpires that the petitioner has been declared a proclaimed offender after he failed to appear despite repeated summons issued to him. On one of the occasions he even refused to accept the service and the bailable warrants issued against him were received back unexecuted and even Crl.Misc.No.M-34648 of 2009 (O&M) -2- the non-bailable warrants were issued for securing his presence which were also received back with the report that he has gone out of his office in connection with some official work. Thereafter proclamation under Section 82 of the Code of Criminal Procedure was issued. The Head Constable contacted the officials of the District Education Officer, Ferozepur who disclosed that the petitioner had not been coming to the office and accordingly a copy of the proclamation issued under Section 82 Cr.P.C. was pasted outside the said office. Despite all these efforts the petitioner had failed to put in appearance before the trial court which resulted in his being declared as a proclaimed offender. He now prays for concession of anticipatory bail on the ground that he was never served and therefore, the proclamation and other proceedings initiated against him are totally false and unsustainable in law. I have heard the learned counsel for the petitioner and have perused the impugned order and other material which has been placed on record. I am unable to agree with the contention raised by the learned counsel for the petitioner. The petitioner, who despite repeated attempts by the court to secure his presence failed to appear before it leaving it with no other option but to initiate the proceedings under Section 82 Cr.P.C., by his conduct has shown scant respect for the court and has also in the process become fugitive from law. A person who evades the process of law consciously and deliberately, does not deserve any concession under the provisions of Section 438 Cr.P.C. Crl.Misc.No.M-34648 of 2009 (O&M) -3- Consequently, the present petition is rejected. However, in the eventuality of the petitioner surrendering before the learned trial court on or before the date fixed before it and making an application for regular bail, the learned trial court shall consider and dispose of the same in accordance with law as expeditiously as possible. Disposed of. 14.12.2009 (MAHESH GROVER) JUDGE dss