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2021 (6) TMI 963 - PUNJAB & HARYANA HIGH COURTDishonor of Cheque - publication of proclamation against person absconding - proclaimed person/offender or not - Section 82 of the Cr.P.C. - HELD THAT:- In the present case vide order dated 06.10.2017 proclamation under Section 82 of the Cr.P.C. was ordered to be published against the petitioner requiring the petitioner to appear before the Court on 14.11.2017. The proclamation was published on 06.11.2017. The petitioner was not given statutory minimum period of thirty days from 06.11.2017 (the date on which the proclamation issued in terms of order dated 06.10.2017 was published) till 14.11.2017 (the date fixed for his appearance before the Court). Learned Judicial Magistrate First Class, Gurugram vide order dated 14.11.2017 adjourned the case firstly to 19.12.2017 and then to 10.01.2018 for awaiting the appearance of the petitioner on the ground that statutory period of thirty days had not elapsed and vide order dated 10.01.2018 declared the petitioner to be proclaimed person. Learned Judicial Magistrate First Class, Gurugram could not extend the time to complete the period of thirty days by simply adjourning the case on 14.11.2017 to 19.12.2017 and then to 10.01.2018 for awaiting appearance of the petitioner and was mandatorily required to issue the proclamation again for publication thereof in accordance with the provisions of Section 82(2) of the Cr.P.C. by giving thirty days time to the petitioner from the date of publication of the proclamation till the date fixed for his appearance before the Court. The petition is allowed.
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