CRM-M/42169/2026 of MANJIT SINGH Vs STATE OF PUNJAB AND ANOTHER on 27 August 2026

1. Petitioner seeks quashing of proclamation proceedings initiated in NACT-135-2025 under Section 138 of Negotiable Instruments Act, 1881, District Kapurthala. Vide order dated 05.05.2025, non-bailable warrants were issued against the petitioner and vide order dated 06.07.2026, case was adjourned to 06.08.2026 for presence of petitioner.

2. Learned counsel for the petitioner submits that petitioner was arraigned as accused in the complaint under Section 138 of Negotiable Instruments Act, 1881. No summons, bailable warrants or non-bailable warrants were executed in the case and on 09.06.2026, learned Trial Court issued proclamation to procure presence of the petitioner for 06.08.2026. On 06.08.2026, however, petitioner was not declared proclaimed person and file was ordered to be consigned. He submits that petitioner had no intention to evade the trial and his absence from the proceedings was unintentional. He further submits that petitioner was ready and willing to surrender in the Court and face criminal proceedings.

3. Notice of motion.

4. Mr. Kunwarbir Singh, AAG Punjab accepts notice on behalf of respondent-State. He supports the orders of learned Trial Magistrate and prays for dismissal of the petition.

5. Record shows that previously, bailable warrants were being issued to procure presence of the petitioner, which remained unexecuted. The Court issued non-bailable warrants against him on 05.05.2026 for 09.06.2026. On 09.06.2026, the non-bailable warrants were received unexecuted and the Court initiated proclamation proceedings under Section 84 BNSS. Petitioner was ordered to be summoned by way of proclamation for 06.07.2026. The serving official was directed to execute the same on or before 06.08.2026. On 06.07.2026, the proclamation was received back executed and statement of serving official was recorded. The case was adjourned to 06.08.2026. On 06.08.2026, the Court consigned the file without declaring petitioner a “proclaimed person”.

6. Section 84 BNSS reads as under: “84. (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.

A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specified day, in the manner specified in clause (i) of sub-section (2), shall be conclusive evidence that the requirements of this section have been complied with, and that the proclamation was published on such day.

Where a proclamation published under sub-section (1) is in respect of a person accused of an offence which is made punishable with imprisonment of ten years or more, or imprisonment for life or with death under the Bharatiya Nyaya Sanhita, 2023 or under any other law for the time being in force, and such person fails to appear at the specified place and time required by the proclamation, the Court may, after making such inquiry as it thinks fit, pronounce him a proclaimed offender and make a declaration to that effect.

The provisions of sub-sections (2) and (3) shall apply to a declaration made by the Court under sub-section (4) as they apply to the proclamation published under sub-section (1).”

7. Perusal of orders passed by Learned Trial Magistrate shows flagrant violation of the procedure prescribed under Section 84 BNSS. Proceedings initiated by learned Trial Magistrate issuing proclamation under Section 84 BNSS are in violation of the statutory mandate of Section 84(1) BNSS. The Court ordered service by proclamation for 06.07.2026 and directed the executing constable to execute the same before 06.08.2026 whereas Section 84(1) BNSS required mandatory period of 30 days to be given to the accused after the date of publication of proclamation. Though, proclamation was received back executed on 06.07.2026, the case was adjourned to 06.08.2026, which was not the date for appearance of the accused. On 06.08.2026, instead of reissuing the proclamation as per statutory requirement, the case was consigned.

Orders dated 06.07.2026 and 06.08.2026 are patently illegal and are hereby quashed and set aside. Since, petitioner bonafidely intends to join the proceedings and face trial, he is directed to surrender before learned Judicial Magistrate Ist Class, Kapurthala within 15 days from today. He shall be admitted to bail on his furnishing bail and surety bonds to the satisfaction of the Trial Court. Learned Trial Court, which has consigned the file without declaring the petitioner proclaimed person shall revive the proceedings and proceed with the trial.

6. The petition is allowed on the above terms.

7. Pending miscellaneous applications, if any, stand disposed of.

(SHALINI SINGH NAGPAL)

JUDGE 27.08.2026 HS.CHAUHAN Whether Speaking/Reasoned :

Yes/No Whether Reportable :

Yes/No