CRM-M-493333-2026 (O&M) -1- IN THE HIGGH COURT OF PUNJAB & H ARYANA AT CHANDIGARHH (142) CRM-MM-49333-2026 (O&M) Date off Decision: 02.09.2026 Parteek Bansaal ......PETITIONER Versus State of Haryaana and another .....RESPONDENT CORAM: HOON'BLE MS. JUSTICE NEERRJA K. KALSON Present: MMr. Narinder Sinder, Advocate fofor the petitioner. MMr. Sushil Bhardwaj, Addl. A.G.., Haryana **** NEERJA K. KALSON, J. (ORAL) 1. PPrayer in the present petition iss for quashing of the impugneed order dated 244.12.2024 (Annexure P-1) passeed by learned Judicial Magistratte 1st Class, Pannchkula, whereby the petitioner hhas been declared as a proclaimeed person in Commplaint No. NACT-58-2022 undder Section 138 of the Negotiablle Instruments AAct, 1881 and further proceeddings initiated pursuant theretoo, including procceedings under Section 83 Cr.P.CC. 2. Itt has been contended by learned counsel for the petitioner that thhe petitioner is reeady to surrender before the learrned Trial Court and is also readdy to pay the cheeque amount to respondent No.22, but respondent No.2 has faileed to respond annd has been avoiding the matterr on one pretext or the other. HeH further submmits that the main reason forr declaring the petitioner as a proclaimed peerson was a matrimonial disputee between the petitioner with hiis wife. He submmits that, due to unavoidable cirrcumstances, the petitioner coulld ATUL KUMAR TRIPATHI 2026.09.03 17:01 I attest to the accuracy and

integrity of this document CRM-M-49333-2026 (O&M) -2- not put in appearance before the learned Trial Court and seeks liberty to place on record the divorce papers, if so directed or desired by this Court. He further submits that the impugned order dated 24.12.2024 has been passed without due compliance of the mandatory provisions of Section 82 Cr.P.C. and that the petitioner is ready to appear before the learned Trial Court and face the proceedings in accordance with law. 3. Notice of motion. 4. Mr. Sushil Bhardwaj, Addl. A.G,, Haryana, who is present in Court accepts notice on behalf of the respondent No.1-State. 5. After hearing learned counsel for the parties and perusing the record, it is evident that due to non-appearance of the petitioner, proclamation proceedings were initiated against him and the petitioner was thereafter declared as a proclaimed person vide order dated 24.12.2024. The Court without going into the authenticity of the ground taken for the absence of the petitioner, deems it appropriate to direct the petitioner to appear before the Court concerned and to face the proceedings, if any, in accordance with law. In these circumstances, when the petitioner is ready to appear before the Court and face the proceedings, the order dated 24.12.2024, is set aside, subject to deposit of costs of Rs.30,000/- with the complainant-respondent No.2 by the petitioner within a period of seven days from the date of receipt of copy of this order.

6. The petitioner is directed to appear before the trial Court within a period of ten days from the date of receipt of copy of this order and file an appropriate application alongwith receipt of costs of Rs.30,000/-. The trial Court shall thereafter pass appropriate orders in accordance with law. The petitioner will have protection from arrest for a period of ten days from the ATUL KUMAR TRIPATHI 2026.09.03 17:01 I attest to the accuracy and integrity of this document CRM-M-49333-2026 (O&M) -3- date of receipt of copy of this order. The trial Court remains at liberty to impose any reasonable condition it deems fit while conducting the proceedings. 7. Needless to say that in case the petitioner fails to comply with the abovesaid direction, this order would be of no avail to him and the order dated 24.12.2024 will come in force and the present petition shall be deemed to have been dismissed. 8. Petition stands disposed of in abovesaid terms. 9. Pending application(s), if any, shall also stand disposed of. (NEERJA K. KALSON) JUDGE 02.09.2026 Atul 1. Whether speaking/reasoned Yes/No 2. Whether reportable Yes/No ATUL KUMAR TRIPATHI 2026.09.03 17:01 I attest to the accuracy and integrity of this document

CRM-M-493333-2026 (O&M) -1- IN THE HIGGH COURT OF PUNJAB & H ARYANA AT CHANDIGARHH (142) CRM-MM-49333-2026 (O&M) Date off Decision: 02.09.2026 Parteek Bansaal ......PETITIONER Versus State of Haryaana and another .....RESPONDENT CORAM: HOON'BLE MS. JUSTICE NEERRJA K. KALSON Present: MMr. Narinder Sinder, Advocate fofor the petitioner. MMr. Sushil Bhardwaj, Addl. A.G.., Haryana **** NEERJA K. KALSON, J. (ORAL) 1. PPrayer in the present petition iss for quashing of the impugneed order dated 244.12.2024 (Annexure P-1) passeed by learned Judicial Magistratte 1st Class, Pannchkula, whereby the petitioner hhas been declared as a proclaimeed person in Commplaint No. NACT-58-2022 undder Section 138 of the Negotiablle Instruments AAct, 1881 and further proceeddings initiated pursuant theretoo, including procceedings under Section 83 Cr.P.CC. 2. Itt has been contended by learned counsel for the petitioner that thhe petitioner is reeady to surrender before the learrned Trial Court and is also readdy to pay the cheeque amount to respondent No.22, but respondent No.2 has faileed to respond annd has been avoiding the matterr on one pretext or the other. HeH further submmits that the main reason forr declaring the petitioner as a proclaimed peerson was a matrimonial disputee between the petitioner with hiis wife. He submmits that, due to unavoidable cirrcumstances, the petitioner coulld ATUL KUMAR TRIPATHI 2026.09.03 17:01 I attest to the accuracy and

integrity of this document CRM-M-49333-2026 (O&M) -2- not put in appearance before the learned Trial Court and seeks liberty to place on record the divorce papers, if so directed or desired by this Court. He further submits that the impugned order dated 24.12.2024 has been passed without due compliance of the mandatory provisions of Section 82 Cr.P.C. and that the petitioner is ready to appear before the learned Trial Court and face the proceedings in accordance with law. 3. Notice of motion. 4. Mr. Sushil Bhardwaj, Addl. A.G,, Haryana, who is present in Court accepts notice on behalf of the respondent No.1-State. 5. After hearing learned counsel for the parties and perusing the record, it is evident that due to non-appearance of the petitioner, proclamation proceedings were initiated against him and the petitioner was thereafter declared as a proclaimed person vide order dated 24.12.2024. The Court without going into the authenticity of the ground taken for the absence of the petitioner, deems it appropriate to direct the petitioner to appear before the Court concerned and to face the proceedings, if any, in accordance with law. In these circumstances, when the petitioner is ready to appear before the Court and face the proceedings, the order dated 24.12.2024, is set aside, subject to deposit of costs of Rs.30,000/- with the complainant-respondent No.2 by the petitioner within a period of seven days from the date of receipt of copy of this order.

6. The petitioner is directed to appear before the trial Court within a period of ten days from the date of receipt of copy of this order and file an appropriate application alongwith receipt of costs of Rs.30,000/-. The trial Court shall thereafter pass appropriate orders in accordance with law. The petitioner will have protection from arrest for a period of ten days from the ATUL KUMAR TRIPATHI 2026.09.03 17:01 I attest to the accuracy and integrity of this document CRM-M-49333-2026 (O&M) -3- date of receipt of copy of this order. The trial Court remains at liberty to impose any reasonable condition it deems fit while conducting the proceedings. 7. Needless to say that in case the petitioner fails to comply with the abovesaid direction, this order would be of no avail to him and the order dated 24.12.2024 will come in force and the present petition shall be deemed to have been dismissed. 8. Petition stands disposed of in abovesaid terms. 9. Pending application(s), if any, shall also stand disposed of. (NEERJA K. KALSON) JUDGE 02.09.2026 Atul 1. Whether speaking/reasoned Yes/No 2. Whether reportable Yes/No ATUL KUMAR TRIPATHI 2026.09.03 17:01 I attest to the accuracy and integrity of this document