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2021 (12) TMI 65 - HC - Indian LawsDishonor of Cheque - petitioners were declared as proclaimed persons, without due service having been effected - even a clear period of 30 days was not given from the date of affixation - principles of natural justice - HELD THAT:- From a comparison of the address of the petitioners mentioned in the complaint under Section 138 of the Act of 1881 (Annexure P-1) and the address of the petitioners which has been mentioned in the memo of parties in the present petition, it is clear that the address of the petitioners as has been mentioned in the complaint is not correct. A perusal of the zimni orders which have been annexed with the present petition would also show that the petitioners were never served. The proclamation dated 09.03.2018 (Annexure P-5) would show that the date fixed in the same was 30.04.2018 whereas, as per the statement of Makhan Singh, PHG dated 30.04.2018 (Annexure P-6), affixation had been done on 23.04.2018 and thus, clear period of 30 days has not been given to the petitioners for appearance. It is, thus, apparent that the proceedings declaring the petitioners as proclaimed persons are bad on the said account alone and thus, the registration of the FIR under Section 174-A of the IPC is illegal. It is further clear that the petitioners had joined the proceedings in the complaint case under Section 138 of the Act of 1881 and had been granted the benefit of bail as is apparent from order dated 09.07.2021. Petition allowed.
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