Vijender Kumar vs State Of H.P. & Another

Vivek Singh Thakur, J

This petition has been preferred against order dated 21.12.2019 passed by learned Judicial Magistrate 1st Class, Court No.2, Mandi in case No.

228-III/18, titled Punjab National Bank vs. Vijender Kumar filed under Section 138 of Negotiable Instrument Act, whereby petitioner has been

declared Proclaimed Offender for the reason that his service could not be effected in aforesaid complaint case despite making all efforts.

The impugned order has been assailed by petitioner on the ground that he is a student and was helping his father in his family business and also

attending the classes at Doaba Institute of Engineering and Technology Gataur, Kharar, Punjab and he has completed his degree in the year 2020 and

as he was pursuing his study, he was not at home and therefore, he could not be served and further that summons issued to him have not been

received by him and anyone else in his family and neither he had been informed about summons issued to him for presence in Court.

It is submitted by learned counsel for petitioner that petitioner is always ready to submit himself to the jurisdiction of Court for adjudication of any

matter filed against him and he is also ready to join the proceedings and he is not having any criminal history and his family is residing in the area since

the time of his forefathers and there is no possibility of his absconding. It is further submitted that in peculiar circumstances,he could not be served and

thus, the trial Court has construed that he had been avoiding the service.

Without going into merits of order passed by the trial Court, however, considering the submissions made on behalf of petitioner and also keeping in

view the interest of respondent Bank as respondent bank may be interested in adjudication of main matter i.e. complaint filed under Section 138 of NI

Act, present petition is disposed of with direction to petitioner to appear before learned Judicial Magistrate 1st Class, Court No.2, Mandi on 10th

December, 2020 and to file an appropriate application for recalling his proclamation by assigning all reasons and pleas taken in this petition and also

additional plea, if any.

On approaching the trial Court in aforesaid manner, on 10.12.2020 the trial Court shall consider the case of petitioner keeping in view the facts and

circumstances of case and also status of petitioner sympathetically and to pass an appropriate order in accordance with law for ensuring the presence

of petitioner during proceedings in complaint case filed against the petitioner by Punjab National Bank.

The petitioner is directed not to be arrested in pursuance and execution to order dated 21.12.2019 passed by learned Judicial Magistrate 1st Class,

Court No.2, Mandi, referred supra, and the said order shall be kept in abeyance and shall merge in the order passed by learned Judicial Magistrate 1st

Class on 10th December, 2020 or any order subsequent thereto on application filed by petitioner.

On failure of petitioner in appearing and approaching the trial Court, impugned order dated 21.12.2019 passed by the trial Court shall come in force.

Petition stands disposed of in aforesaid manner. Dasti copy on usual terms.