Mohit Verma vs Punjab National Bank And Another

This petition under Section 482 Cr.P.C. has been filed by petitioner Mohit Verma seeking quashing of complaint under Section 138, 141, 142 of the

Negotiable Instruments Act read with Section 420 IPC in complaint No. NACT 9043 dated 6.9.2018 titled 'Punjab National Bank versus Mohit

Verma' (Annexure P1) pending for 7.12.2020 before JMIC, Faridabad as well as order dated 6.9.2018 (Annexure P2) and order dated 31.8.2019

(Annexure P5) declaring the petitioner a proclaimed offender as well as subsequent proceedings.

Learned counsel for the petitioner has contended that the complaint has been filed on false and frivolous grounds, though the petitioner has availed of

loan amount of Rs.7,80,000/- from the complainant bank for the purpose of purchasing Maruti Suzuki Ciaz Car on 19.1.2017, he has since returned

that amount; the complainant bank obtained his signatures on blank papers as well as four blank cheques which were given as security. By misusing

those cheques, the present complaint has been filed in which the petitioner has been summoned and has been wrongly declared as a proclaimed

offender. Further more, an F.I.R. for offence under Section 174A IPC has been got registered against the petitioner.

Learned counsel for the petitioner states that petitioner is ready to deposit any amount which is found due, however, I find that in view of judgment

passed by a coordinate Bench in case titled 'Mehnga Singh versus State of Punjab 2002(1) CLJ (Criminal) 302' wherein it was observed that when an

accused has been declared as a proclaimed offender petition against the order under Section 482 Cr.P.C. is not maintainable, the accused should first

move the Court who had declared him a proclaimed offender and even an objection against validity of proclamation is required to be raised in the first

instance before the Court which issued the proclamation and power under Section 482 Cr.P.C. is not to be exercised in favour of a person who is

absconding or avoiding service. In that way, the petition is not maintainable. Further more, in the judgment titled 'State of Madhya Pradesh versus

Pradeep Sharma 2014(1) R.C.R. (Criminal) 269 'the Hon'ble Supreme Court of India has observed that when an accused is absconding and has been

declared as a proclaimed offender, then such accused should not be granted anticipatory bail. Therefore, this petition is doomed for failure and is

dismissed accordingly.