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2021 (10) TMI 330 - Indian Laws
Dishonor of Cheque - Proclamation for person absconding - reason to believe - Section 138 N.I. Act read with Sections 141 and 142 N.I. Act - HELD THAT:- The provisions of Section 82(1) and (2) Cr.P.C. should be construed strictly. Before issuing process, a Court is required to record its satisfaction that the accused has absconded or is concealing himself to avoid execution of warrants.
It is apparent that the impugned orders suffer from the vice of non-application of mind and deserve to be set aside. The declaration of the petitioner as an ‘absconder’, as well as attachment of his properties, was neither fit in the facts and circumstances of the case nor was it in accordance with law. Accordingly, the impugned orders passed in proceedings under Sections 82/83 Cr.P.C. against the present petitioner are set aside - petition allowed.