Allowed petition under Section 482 Cr.P.C. to quash order declaring petitioner proclaimed offender. Granted release on bail subject to trial court order after compromise and full repayment of loan.
Petitioner directed to appear before trial court for bail; proceedings under Section 446 Cr.P.C. allowed.
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CRM-M-7027-2018
-1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CRM-M-7027-2018
Date of Decision: 27.03.2019
Anand Saini
.... Petitioner
Versus
State of Haryana and another
.... Respondents
CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN
Present: Mr. Vijay Singh, Advocate for the petitioner.
Mr. RK Makkar, Sr. DAG, Haryana.
Mr. Anuj Kholi, Advocate for respondent No. 2.
RAMENDRA JAIN, J. (ORAL)
Through this petition under Section 482 Cr.P.C., prayer has been made for quashing order dated 22.08.2016 (Annexure P-3) passed in Complaint No. 2340/2015 titled 'M/s Indusind Bank Ltd. Vs. Anand Saini', declaring the petitioner as proclaimed offender/absconder as well as complaint No. 2340/2015 dated 05.11.2015 (Annexure P-1) along with FIR No. 0033 dated 08.01.2018 (Annexure P-4) registered under Section 174-A at Police Station City, Hisar and all the proceedings arising therefrom.
Heard.
Since, the matter has been compromised in between the parties and the petitioner had paid the entire loan amount to respondent
RISHU KATARIA 2019.03.29 12:05 I attest to the accuracy and integrity of this document
CRM-M-7027-2018
-2-
No. 2-Bank, therefore, in the fitness of things, the petitioner is directed to appear before the trial Court within two weeks' from today. On doing so, he shall be released on bail, on his furnishing appropriate bail and surety bonds to the satisfaction of trial Court, failing which this petition shall be deemed to have been dismissed.
However, it is also clarified that this order shall not be an embargo in conducting the proceedings against the petitioner under Section 446 Cr.P.C., by the trial Court.
Disposed of accordingly.
March 27, 2019 (RAMENDRA JAIN) rishu JUDGE
Whether speaking/reasoned Yes/No Whether Reportable Yes/No
RISHU KATARIA 2019.03.29 12:05 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether to allow the prayer for quashing the order declaring the petitioner as a proclaimed offender.
Anand Saini
State of Haryana
Ramendra Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
