TaxTMI 
TaxTMI 
2022 (2) TMI 195
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.....2021 (Annexure P- 5), registered against him, at the Police Station Ambala City, District Ambala. 2. Heard. 3. The petitioner is alleged to commit an offence under Section 138 of the Negotiable Instruments Act (in short "the NI Act"). An apposite complaint was filed against him, and, it stands dismissed as withdrawn, on 01.10.2021 (Annexure P-6), by the Court of JMIC Ambala. Therefore, obviously, there is no imperative necessity for the petitioner to cause his appearance before the Court concerned, nor, hence, any lawful purpose rather survives, in taking to the extreme end, the challenged processes, as become initiated, against the petitioner qua his wilful non-appearances, if any. 4. During the course of judicial proceedings, a perusa....
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....med offender, and, also, a direction was made, upon the SHO concerned, for registration of an FIR against the accused / petitioner herein, hence under Section 174-A of the Cr.P.C. 5. The order of 08.07.2021 is challenged, and, also is strived to be quashed by the petitioner, through his recoursing the mandate of Section 482 of the Cr.P.C. The petitioner would succeed in his endeavour (supra) in case, upon a reading, of the report of the serving / executing officer, which became depended, upon by the learned Magistrate concerned, to proceed to draw the impugned order of 08.07.2021, suffers from a gross perversity, and, infirmity, inasmuch as its breaching the mandate of sub-Section (2) of Section 82 of the Cr.P.C. In making a determination,....
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.... enshrined therein, as its salutary purpose is to bring an awakening in the persons concerned, who purportedly deliberately avoid causing of valid service, upon him / them, for any relevant purpose, rather about the date(s) mentioned therein. Since the afore awakening, carried in sub-Section (2), would ensure that may be hence they cause his / their appearance(s) before the Court concerned, as, also hence would obviate the drawings of further stigmatic proceedings contemplated, under Section 83 of the Cr.P.C., by the Court concerned. Therefore, all the provisions carried in sub-Section (i) of sub-Section (2) of Section 82 of the Cr.P.C., are to be cumulatively complied, and, or that all the provisions carried in sub-Section (i) of sub-Secti....
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....ng meted by the executing officer with Clause (b), and, Clause (c) of sub-sub-Section (i) of sub-Section (2) of Section 82, of the Cr.P.C., whereas, a reading of the apposite report, not disclosing that he had also meted compliance to Clause (a) of sub-sub- Section (i) of sub-Section (2) of Section 82, of the Cr.P.C, thereupon, his report is in departure of the statutory injunction, as therethrough(s) rather became cast upon him. Consequently, the knowledge of the proclamation notice, was not hence completely acquired by the petitioner, and, also the endeavour of the executing officer to serve the proclamation notice, upon, the accused, is completely deficit on score (supra). 9. Be that as it may, even the impugned order (supra), hence suf....