9911796707
TMI Blog2019 (1) TMI 918X X X X Extracts X X X X X X X X Extracts X X X X ..... able Instruments Act, 1881 (hereinafter referred to as 'NI Act') pending before learned Judicial Magistrate 1st Class, Manali, wherein vide order dated 29.11.2018 petitioner has been remanded for judicial custody for the reasons that after taking cognizance of complaint filed by complainant/respondent No. 2, bailable warrants as well nonbailable warrants issued against the petitioner for different dates were received unexecuted and thereafter proclamation was published against him and after receiving the proclamation report on 20.7.2018, he was declared proclaimed offender and thereafter file was ordered to be consigned to the records. 2. Later on, the police had arrested petitioner from Sundernagar, District Mandi and produced him before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es had made some payments in some cases and had won over the hearts of complainant(s) and others and being impressed by him, villagers had agreed to provide the apple fruits to the petitioner on credit basis against the proper bill and in lieu of sale of apple fruits, petitioner had issued various cheques to the complainant and other villagers, which were dishonoured for 'insufficient funds/exceed arrangements' as informed by the Bank and thereafter, despite making repeated endeavours, the petitioner was not available, which resulted into filing of complaints under NI Act against the petitioner. However, petitioner has even avoided the bailable warrants as well as nonbailable warrants issued against him and there is no possibility of his av ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onstituted under any valid statute is not clear. The petitioner is also not having any landed property either in the State of H.P. or rest of India. However, it is submitted on his behalf that there is sufficient land in the name of wife of his brother residing in village Bharari, PO Thanedar Katogarh, Tehsil Kumarsain, District Shimla comprised Khata/Khatuni No. 48/86 min measuring 0-77-77 situated in Mohal Buna, Patwar Circle Kangal Tehsil Kumarsain, District Shimla. The brother and wife are none else but are those persons, who during the execution of bailable warrants and nonbailable warrants, had expressed their ignorance about place of living/availability of petitioner for want of knowledge. 8. While considering the aforesaid facts an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses; (ii) That he shall not obstruct the smooth progress of the trial; (iii) That he shall not jump over the bail and also shall not leave the jurisdiction of Himachal Pradesh without informing the Court with clear particulars of address of that place, to which he intends to proceed with further disclosure of period for staying at that place. (iv) He shall also furnish the details of mobile/contact number(s) being used by him and he shall also keep on informing the change of mobile/contact number, if any. He is also directed to disclose his place of ordinary residence, during trial of complaint ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
