VINOD CHADHA Vs. STATE OF H.P AND ANOTHER

JUDGEMENT

(1.) The petitioner has been declared proclaimed offender vide order dated 30.11.2010 passed by learned Judicial Magistrate 1st Class, Manali, District Kullu in a complaint under Sec. 138 of the Negotiable Instruments Act registered as Criminal Case No. 274-I-08. The copy of the order has been placed on record by filing an application, Cr.M.P No. 552 of 2016. Learned counsel has produced certified copy of order passed in another complaint registered as Case No. 273-I-08 and in that case also, the petitioner has been declared as proclaimed offender.

(2.) During the course of arguments, learned counsel representing the petitioner has apprised this Court that in an outside Court settlement, the accused-petitioner has settled the matter with the complainant amicably in both the cases. The relief in this petition, has also been restricted only to the extent of protecting the accused-petitioner from his arrest in order to enable him to put in appearance in the Court of learned Judicial Magistrate 1st Class at Manali, District Kullu, so that he can settle both the cases with the complainant (respondent No.2 herein) amicably.

(3.) The provisions contained under Sec. 41(1) (c) Crimial P.C. reveal that a person having been declared as proclaimed offender can be arrested by the police even without issuance of any warrant of arrest also. Not only this but, as per Sec. 43 of the Act, such person can even be arrested by a private person. The apprehension of the accused-petitioner, therefore, is that while on the way to appear in the Court, there is likelihood of his being arrested.