TMI Blog2021 (6) TMI 963X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. - CRM-M-15727-2021 - - - Dated:- 9-4-2021 - HON'BLE MR. JUSTICE ARUN KUMAR TYAGI Mr. Kunal Dawar, Advocate for the petitioner ORDER ARUN KUMAR TYAGI, J (ORAL) (The case has been taken up for hearing through video conferencing.) Petitioner-Davinder Singh Chawla has filed present petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.') for quashing of order dated 10.01.2018 passed by learned Judicial Magistrate First Class, Gurugram in complaint case NACT No. 8796 of 2016 titled as 'Indiabulls Housing Finance Ltd. vs Richmond Leisure and Hotels Pvt. Ltd.' under Sections 138/141/142 of the Negotiable Instruments Act, 1881 read with Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s as under:- 82. Proclamation for person absconding.- (1) If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation. (2) The proclamation shall be published as follows:-- (i) (a) it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides; (b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village; (c) a copy thereof shall be affixed to some conspicuous part of the Court-house; (ii)the Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides. (3) A statement in writing by the Court issuing the proclamation to the effect that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the specified place. Such date must not be less than 30 clear days from the date of issuance and publication of the proclamation. (See Gurappa Gugal and others Vs. State of Mysore : 1969 CriLJ 826 and Shokat Ali Vs. State of Haryna : 2020(2) RCR (Criminal) 339). (V) Where the period between issuance and publication of the proclamation and the specified date of hearing is less than thirty days, the accused cannot be declared a proclaimed person/offender and the proclamation has to be issued and published again. (See Dilbagh Singh Vs. State of Punjab (P H) : 2015 (8) R.C.R. (criminal) 166 and Ashok Kumar Vs. State of Haryana and another : 2013 (4) RCR (Criminal) 550) (vi) The Proclamation has to be published in the manner laid down in Section 82 (2) of the Cr.P.C.. For publication the proclamation has to be first publicly read in some conspicuous place of the town or village in which the accused ordinarily resides; then the same has to be affixed to some conspicuous part of the house or homestead in which the accused ordinarily resides or to some conspicuous place of such town or village and thereafter a copy of the proclamation has to be affixed to some conspicuous par ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sued on 20.08.2014 for 23.08.2014 and vide impugned order dated 25.09.2014 the petitioner was declared proclaimed offender. Clear notice of 30 days as mandated under Section 82 of the Cr.P.C. was not given to the petitioner and the procedure for publication of the proclamation was also not followed. The petitioner was held to have been wrongly declared a proclaimed offender and the impugned order was quashed. In Ashok Kumar Vs. State of Haryana and another : 2013 (4) RCR (Criminal) 550 the case was adjourned by the trial Court vide order dated 04.01.2013 for issuance of proclamation under Section 82 of the Cr.P.C. for 06.03.2014 but period of 30 days had not elapsed from the date of publication till 06.03.2014. On that date case was adjourned to 13.03.2014 on which date the petitioner was declared as proclaimed offender. It was held by this Court that the proclamation was not published in accordance with the procedure prescribed under Section 82(1) of the Cr.P.C. by giving mandatory period of 30 days from the date of publication of the proclamation till the date of hearing fixed in the case for appearance of the petitioner and that the mere fact that on 06.03.2014 the Court adjo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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