https://www.taxtmi.com/caselaws?id=415299 Proclamation proceedings were treated as invalid where the complaint record showed incorrect address details, no due service on the petitioners, and the notice failed to allow the mandatory minimum thirty-day period for appearance after affixation. On that basis, the FIR under Section 174-A IPC and the consequential proceedings were quashed because the statutory foundation for penal action had not been met. The fact that the petitioners later joined the complaint proceedings under Section 138 NI Act and were granted bail further removed the basis for continuing the prosecution, which was treated as an abuse of process, subject to payment of costs to the complainant. en-us Thu, 18 Nov 2021 00:00:00 +0530 Fri, 03 Dec 2021 09:17:19 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=415299 Proclamation proceedings were treated as invalid where the complaint record showed incorrect address details, no due service on the petitioners, and the notice failed to allow the mandatory minimum thirty-day period for appearance after affixation. On that basis, the FIR under Section 174-A IPC and the consequential proceedings were quashed because the statutory foundation for penal action had not been met. The fact that the petitioners later joined the complaint proceedings under Section 138 NI Act and were granted bail further removed the basis for continuing the prosecution, which was treated as an abuse of process, subject to payment of costs to the complainant. Case-Laws Indian Laws Thu, 18 Nov 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=415299