TaxTMI 
TaxTMI 
2025 (6) TMI 176
X X X X Extracts X X X X
X X X X Extracts X X X X
....t an accused against whom such a proclamation stands issued, under Section 174A of the Indian Penal Code, 1860 Hereinafter, "IPC". 2. The facts which gave rise to the question as above, in brief, are: 2.1 The Appellant ran a business concern which was awarded a contract for '8-Laning' of a National Highway (NH-1) within Delhi, by the National Highways Authority of India Hereafter, "NHAI". 2.2 In furtherance of such a contract, Respondent No. 2 Hereinafter referred to as the complainant approached a company by the name of M/s Bhola Singh Jaiprakash Construction Ltd. for stone crushing. On mutually agreed specifications, it is also part of the agreement that the same would be supplied to the construction site. In connection thereto, cheques by way of security, were also issued. The work under the agreement was also executed but allegedly did not meet the specifications, hence resulting in a dispute. 2.3 The NHAI terminated the Appellant's contract on 13th January, 2009 and accordingly cashed the bank guarantee furnished. It is alleged that the cheques issued by way of security to Respondent No. 2 were misplaced and the new cheque worth Rs.10 Lacs given as the payment was duly enc....
X X X X Extracts X X X X
X X X X Extracts X X X X
....the Cr.P.C. runs thus: "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 the proclamation w....
X X X X Extracts X X X X
X X X X Extracts X X X X
....and the standing warrants are cancelled, he is no longer an absconder. The purpose of attaching the property comes to an end. It is to be released subject to the provisions of the Code. Securing the attendance of an absconding accused, is a matter between the State and the accused. The complainant should not ordinarily derive any benefit therefrom. If the property is to be sold, it vests with the State subject to any order passed under Section 85 of the Code. It cannot be a subject-matter of execution of a decree, far less for executing the decree of a third party, who had no right, title or interest thereon." (Emphasis Supplied) 6.3 The evidentiary value of a person absconding has been discussed in Raghubir Singh v. State of U.P., (1972) 3 SCC 79 in the following terms: "11. ...the act of absconding, even if proved, is normally considered a somewhat weak link in the chain of circumstances utilised for establishing the guilt of an accused person. If the evidence of eyewitnesses is held trustworthy then the act of absconding even if established would serve only to further fortify the satisfaction of the court with respect to the guilt of the accused concerned, for, even an in....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ct of Section 82, at this stage we must also consider Section 174A IPC which lays down penal consequences for intentionally evading the process under Section 82 Cr.P.C. It reads as under :- "174A. Non-appearance in response to a proclamation under section 82 of Act 2 of 1974.- Whoever fails to appear at the specified place and the specified time as required by a proclamation published under sub-section (1) of section 82 of the Code of Criminal Procedure, 1973 shall be punished with imprisonment for a term which may extend to three years or with fine or with both, and where a declaration has been made under sub section (4) of that section pronouncing him as a proclaimed offender, he shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine." Now, let us consider the second question arising in this appeal, in reference to this provision is, whether the subsistence of the proclamation u/s 82 Cr.PC is necessary for the authorities to proceed against the accused person u/s 174A IPC. In other words, whether Section 174A IPC can stand independent of the proclamation u/s 82 Cr.P.C. or not? 7.1 The purpose of Section 82 Cr.P.C., ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....fence in Mukesh Bhatia v. State (NCT of Delhi) 2022 SCC OnLine Del 1023; Divya Verma v. State 2023 SCC OnLine Del 2619; Sameena & Anr. v. State GNCT of Delhi & Anr. Crl. M.C No, 1470 of 2021, Dated 17th May, 2022. For the reasons afore-stated, we agree with the findings made in these judgments/orders. At the same time, it stands clarified that we have not commented on the merits of the cases. (v) Granted that the offence prescribed in Section 174A IPC is indeed stand-alone, given that it arises out of an original offence in connection with which proceedings under Section 82 Cr.P.C. is initiated and in the said offence the accused stands, subsequently, acquitted, it would be permissible in law for the Court seized of the trial under such offence, to take note of such a development and treat the same as a ground to draw the proceedings to a close, should such a prayer be made and the circumstances of the case so warrant. 8. In conclusion, we hold that Section 174A IPC is an independent, substantive offence, that can continue even if the proclamation under Section 82, Cr.P.C. is extinguished. It is a stand-alone offence. That being the position of law, let us now turn to the presen....