Ram Rattan Sharma vs State Of H.P And Another

Virender Singh, J

By way of instant petition filed under Section 482 of the Code of Criminal Procedure (Cr.P.C.), a prayer has been made to quash order dated 18.11.2019 (Annexure P-1), passed by the learned Additional Chief Judicial Magistrate, Court No.1, Sundernagar, District Mandi, H.P., in Complaint No.232-1/2012, titled Mohd Sehnaz Vs. Ram Rattan Sharma, under Section 138 of the Negotiable Instruments Act.

Perusal of the aforesaid order dated 18.11.2019 (Annexure P-1) suggests that on account of the non-appearance of the petitioner-accused, he was declared a proclaimed offender by the learned trial Court and the In-charge, P.O. Cell, Police Station BSL Colony, Sundernagar was directed to produce the accused before the Court as and when he was apprehended.

Mr. R.L. Chaudhary, learned counsel for the petitioner, undertakes that the petitioner will surrender/ appear before the learned trial Court on or before 15.09.2023, but submitted that till that date, he may not be arrested.

Mr. H.S. Rawat, learned Additional Advocate General, undertakes that in case the petitioner surrenders before the Court below till 15.09.2023, he will not be arrested by the police.

I have heard learned counsel for the petitioner as well as learned Additional Advocate General for respondent No.1/State and learned counsel for respondent No.2 and also gone through the material available on record.

The petitioner has undertaken to appear before the learned trial Court on each and every date of hearing and also that he shall abide by all terms and conditions so imposed by this Court, in case interim protection is granted to him.

Therefore, without adverting to the merits of the case, the present petition is disposed of, subject to the costs of Rs.5,000/- to be paid to the complainant-respondent No.2, with a direction to the petitioner to surrender/appear before the learned trial Court on or before 15.09.2023, failing which, the police shall be at liberty to arrest him in terms of the order passed by the learned trial Court. However, it is clarified that petitioner shall not be arrested by the police till 15.09.2023.

It is also made clear that in case the petitioner fails to surrender till 15.09.2023, as stated above, before the learned trial Court, the interim protection granted by this Court shall automatically stand withdrawn, without any further reference to this Court.

The petition stands disposed of in above terms, so also the pending miscellaneous application(s), if any.